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(영문) 춘천지방법원 속초지원 2020.04.22 2019고정66

사기

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[Criminal Justice] On January 8, 2019, Defendant A was sentenced to a suspended sentence of three years on November 23, 2019 in the Youngcheon District Court’s Young-gu branch for criminal fraud, etc. and the said judgment became final and conclusive on November 23, 2019.

【Criminal Facts】

On January 29, 2018, the Defendants agreed to lend money from the victim C to use for Defendant A’s personal debt repayment, etc., Defendant B said that “A shall pay monthly pay to his employees and shall lend KRW 20 million to his employees.” Defendant A said to the effect that “A shall lend money to his employees until March 2018, and shall provide trees to be used for the restoration project of the nuclear power plant.”

However, even if the Defendants borrowed money from the victims, they did not have the intent or ability to provide the victims with trees as collateral or to repay the borrowed money.

Nevertheless, around February 1, 2018, the Defendants received KRW 20 million from the victim to the F account G in Defendant B’s name.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Investigation report (related to the telephone with the relevant witness H and I), each certified copy of the register, each credit information of the suspect, inquiry data of the J real estate auction case, J real estate auction case, loan certificate, account transfer certificate in the name of the victim C, statement of deposit transactions in the name of the suspect B, details of loan use prepared by the suspect B, statement of the details of transactions related to the use of loan funds, deforestation plan, each construction specifications, investigation report ( telephone conversations with the witness H, K, and I transferred from the account of the suspect B);

1. Previous convictions in judgment: Application of investigation reports (a confirmation of concurrent crimes under the latter part of Article 37 of the Criminal Act)-related Acts and subordinate statutes;

1. Articles 347(1) and 347(1) of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 347(1) and 30 of the Criminal Act

1. Defendant A who handles concurrent crimes: Article 37 of the Criminal Act.