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(영문) 수원지방법원 안양지원 2017.05.11 2017고단539

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From October 2008, the Defendant was operating D, a food material supplier company in the Mayang-gu, Mayang-si from October 2008.

On February 23, 2010, the Defendant is well aware of the Victim F management G of the Victim F in Ansan-gu E in Ansan-gu, Annyang-si.

If the purchase cost of food materials is required to be lent money, it shall be paid immediately.

“Falsely speaking to the purport that “the victimized person was accompanied by the victimized person to his customer,” and showed that the victimized person is doing business with many places of the Defendant.

However, the Defendant had no particular asset, and the Defendant had been in arrears with loans from the new card, our card, and Hyundai Capital that began with the operation of the D without any funds, and there was no intention or ability to repay the loans even if the Defendant borrowed money from the damaged party, as competition with the other company and salt were accumulated each month, and economic difficulty was difficult.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained KRW 10,360,00 from the victim on February 23, 2010; (c) obtained KRW 12,979,000 in the same way around September 24, 2010; (d) obtained KRW 10,000,000 in the same way as around March 2, 201; and (e) received KRW 7,00,00 in the same way as around June 23, 2011 from the victim to the corporate bank account (H) in the name of each Defendant; and (e) acquired KRW 50,00,000 in cash on the same way as around February 23, 2010; and (e) obtained KRW 90,339,000 in the same way as the borrowed money and acquired KRW 90,39,00 in the same way as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement of F in the police interrogation protocol concerning the accused;

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

1. Application of Acts and subordinate statutes on transaction details;

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

1. The main sentence of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant’s reason for sentencing is against the Defendant; and (b) the amount of damage is large and has not been recovered.