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(영문) 창원지방법원 2014.01.22 2013고단868

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 20,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On June 201, the Defendant received KRW 50 million as an advance payment, and around August 2, 2011, the Defendant made a false statement to the victim B, who is a scrap metal business operator, that “B, as the pro-friendly F of the president, intends to rent a D (D) factory between E and E. In order to operate the sub-contractor. At the same time, the Defendant would supply the scrap metal to 300 tons of the advance payment in one month.” On August 2, 2011, the Defendant paid the victim KRW 50 million as an advance payment, stating that “I will supply the scrap metal to see the advance payment to 300 tons.”

However, there was little possibility that the defendant or F will be selected as E collaborative entity, and there was no intention to return money in the name of advance if the victim could not supply scrap metal to the victim.

As such, the Defendant, by deceiving the victim as such, received from the victim each transfer of KRW 10 million on August 2, 201, and KRW 10 million on August 4, 201, respectively, under the pretext of advance payment.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement concerning B and G;

1. Investigation reports by the prosecution (to hear statements by witnesses H, hear statements by complainants, and hear statements by witnesses I);

1. Application of Acts and subordinate statutes to police investigation reports (as to the details of H account transactions, J representative directors D, H oral statements, and H oral statements);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 25 (1) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. It shall be decided as per Disposition on the grounds of not less than Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration