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(영문) 서울중앙지방법원 2017.01.12 2016고단4027

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant’s written indictment stated “D” as if the Defendant were to be a company with limited liability, which has changed its trade name into “E company,” but it appears to be a clerical error due to mistake.

is a person who has been operating.

around April 201, the Defendant invested KRW 200 million in relation to the “E” production project from the Victim F, and on May 14, 2012, at the victim’s office located in the fifth floor of the Gangnam-gu Seoul Metropolitan Government G Building on May 14, 2012, the Defendant caused a problem to the company, and the Defendant exceeded the E market right.

If an additional investment is not known, it shall not be able to recover not only the profits but also the money invested first, and it shall be transferred to the account in the name of the defendant under the name of the victim as an additional investment.

However, the defendant received money from the actual victims as additional investment money and received money from him to use it as his personal debt repayment, etc., and acquired it through the above 20 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H in each part;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. Statement made by the police with respect to F;

1. Investigation report (to hear I statements);

1. Each record attached to the appellate brief, the submission of each reference material (No. 21 and 22 times a month) and each statement of opinion by an appellant's agent, the submission of data (no. 23 times a month) and the submission of reference material (no. 26 times a month);

1. Application of Acts and subordinate statutes to an additional agreement under the E business explanation, copyright agreement, extension of sales rights, agreement on transfer of equities due to additional investment, and agreement on transfer of equities;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding community service order

1. The summary of the assertion is that the victim made a statement to the effect that “the victim would have suffered beyond the EM,” and that the victim made a statement.