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(영문) 의정부지방법원 고양지원 2021.03.03 2020고단1341

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is a person who works related to management consulting, and the victim B was aware of the defendant through the introduction of the victim B, and discussed about the project for solar power generation facilities with the defendant.

On March 2019, the Defendant would pay KRW 35 million to the victim within one week from the loan of money to the victim in order to promote the C Food slaughterhouse and meat processing plant business.

“A false statement” was made.

However, in fact, the defendant did not intend to implement the business, such as a slaughterhouse, and was thought to use the money borrowed from the injured party to pay his personal debt.

In addition, at the time, the defendant had no fixed source of revenue, and there was no intention or ability to pay the money borrowed from the injured party within the period of promise.

On March 13, 2019, the Defendant, by deceiving the victim, received 35 million won from the victim to the Nonghyup Bank account (D) in the name of the Defendant from the victim, and acquired it by money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The outcome of executing a warrant of seizure of a bank account used by a suspect, including a written estimate, consultation, drawings inside the plan, text messages, and transaction records, as shown above, the investigation of a collection receipt at source for 17,18 years (execution of a warrant of seizure of a bank account), and a warrant of seizure of

1. Application of Acts and subordinate statutes to an investigation report (second execution of a warrant for seizure of a financial account), information on the account of the E company as a result of execution of a warrant for seizure of a suspect's account, and a report on investigation of a certified copy of a corporate registry

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] The basic area of the recommendation punishment [the scope of the recommended punishment and the scope of the recommended punishment] below KRW 100 million, the basic area of the punishment, six months through one year and six months;

2. Determination of sentence - favorable circumstances: reflectivity - unfavorable circumstances: nonagreement, damage is considerably serious.