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(영문) 부산지방법원 동부지원 2017.12.06 2017고단2157

사기

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 14, 2016, the Defendant: (a) called the victim C through B to receive a corporation for the purpose of hosting business; and (b) provided that “A corporation shall be paid after one month if the acquisition fund of the corporation is lent KRW 30 million.”

However, even if the Defendant borrowed 30 million won from the injured party, it was the intent to use it for the repayment of personal debts, etc., and did not intend to use it for the corporate acquisition fund. Since the above borrowed amount is equivalent to 80 million won without any certain income or property, there was no intention or ability to repay it within the agreed period.

Nevertheless, on July 14, 2016, the Defendant deceivings the victim and transferred KRW 30 million to the Busan Bank account of the victim to the Busan Bank account of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to D, C, and B (including sub-speak part);

1. The application of each Act and subordinate statutes to an investigation report (to listen to the F Representative Telephone of the E company), an investigation report (to listen to the list of credit assessment data and joint agreement, certificate of seal impression, business plan, etc.), a copy of the corporate registry, a copy of the right to take over the right to a sales contract of each corporation, a criminal investigation report (to listen to the G telephone of employees belonging to the E company operating the suspect), a criminal investigation report (to submit a suspect A credit assessment data table and joint agreement, a certificate of seal impression, a business plan, etc.), each investment agreement, a criminal investigation report (to listen to the statements of the H company representative I telephone), a criminal investigation report (to listen to the statements of the witness), a criminal investigation report (to submit a report on the records of the J account submitted by the suspect), a receipt, a copy

1. Relevant Article 347 (1) and Article 34 (1) of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 34 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant repeats the crime even during the period of repeated crime due to the same crime, and the defendant commits the same offense.