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(영문) 의정부지방법원 2018.02.21 2017고단4565

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On January 22, 2016, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for a crime of fraud at the District Court, and the judgment became final and conclusive on January 30, 2016.

The defendant is a person who operates D Co., Ltd., a steel manufacturing and sales company in the former Gunsan City of North Korea.

In August 2012, 2012, the Defendant, at the above D office of the Defendant Co., Ltd., Ltd., the victim E, who is employed as a regular business in the F Gun Industrial Complex, and is able to receive a large number of assistance in the future.

If there is KRW 300 million in business funds using materials and personnel expenses, etc., not only the principal may be collected in a short period, but also more profits may be collected.

It is expected that the sales amount of KRW 630 million will be expected, but if the loans of KRW 300 million will be repaid by 30 million until February 28, 2013, the final refund of KRW 600 million will be made and the amount of interest will be calculated as KRW 60 million per annual salary and 10% of the total shares will be paid.

“A false statement was made to the effect that it was “.”

However, the defendant's death was not in the position to assist the defendant's business, and the defendant had no experience in steel business and incurred all damages around that time, so even if he borrowed the above money from the injured party, he did not have the intention or ability to repay the borrowed money with the fixed change.

Ultimately, the Defendant, by deceiving the victim as above, received the cash amount of KRW 50 million from the victim on September 3, 2012 as the borrowed money, and acquired KRW 100 million from the D Co., Ltd. on the fourth day of the same month, and acquired KRW 150 million from the D Co., Ltd. on September 27 of the same month, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. To state part of the defendant's statement in the first interrogation protocol (No. 57 on the list of evidence) against the defendant in the first interrogation protocol for the suspect;

1. Statement G in the fourth-time suspect interrogation protocol (No. 39 on the list of evidence) against the defendant;

1. The defendant;