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(영문) 춘천지방법원 2012.11.01 2011고정769

사기

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

B On March 20, 2009, the Seoul Northern District Court was sentenced to one year of imprisonment for fraud, and the judgment became final and conclusive on July 14, 2010.

around April 9, 2009, the Defendants did not have the intent or ability to pay the proceeds of KRW 100 million, as well as the principal, even if the Defendants received an investment of KRW 20 million from the victim E in the F Construction Execution Project.

Nevertheless, the Defendants conspired to make a false statement that “the principal shall be guaranteed to the victim up to June 30, 2009, as well as to pay the amount of KRW 100 million, which is five times the principal amount, until August of the same year,” and it received KRW 20 million from the victim’s first bank account around April 9, 2009.

Summary of Evidence

1. Legal statement of witness G;

1. Statement made by witnesses E in the third protocol of the trial;

1. Some statements in the suspect interrogation protocol prepared by the public prosecutor as to Defendant B

1. Some statements in the suspect interrogation protocol prepared by the police against Defendant A;

1. Division: One copy of the summary agreement of the case, one copy of the decision, and the application of Acts and subordinate statutes;

1. Defendants of the relevant legal provisions and the choice of punishment concerning criminal facts: Article 347 (1) of the Criminal Act and Article 30 of the Criminal Act;

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act