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(영문) 전주지방법원 2021.01.20 2020고정275

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant from June 17, 2015 to the same year.

9. up to 10.10. A person who was the president of a corporation B’s business.

On July 7, 2015, the Defendant, at the office of the above company located in Yasan-gu Seoul Special Metropolitan City, (E) on July 7, 2015, leased the victim D with KRW 40 million deposit for the rent-free post office.

The end of September 2015, which was completed before the end of the 2015, made a false statement to the effect that it is possible to operate the business.

However, even if the money is paid from the injured party, the victim did not have the intention or ability to operate the remaining sugar by the end of September 2015.

Nevertheless, the defendant deceiving the victim as above and transferred 19.6 million won on the same day to the above corporate account from the victim, and 40,000 won on the 13th day of the same month, respectively.

Accordingly, the defendant acquired 20 million won from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the examination of partial police officers against the accused, F, and G;

1. Statement made by the police with regard to D;

1. As a result of inquiry into each on-site photograph, the details of entry and exit transactions, a real estate lease contract (H), and a certificate of all registered matters;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to photographs, etc.), a criminal investigation report (Submission of data on deposit of the amount of damage caused by H), and a criminal investigation report (verification of whether the case is related to the letter of intent or work in this case);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70(1) and 69(1) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;