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(영문) 수원지방법원 안산지원 2017.12.19 2016고단4352

사기

Text

The prosecution of this case is dismissed.

Reasons

1. The defendant in a factory room is the victim C.

On September 2014, the Defendant was punished by KRW 10 million on the part of the victim's house located D and 201 in Yang-si, Yangyang-si, Yang Sung-si, and KRW 201 on the part of the victim.

In the event that there has been an opportunity to purchase diversous machinery, the interest of 6 million won per unit of the machinery would be increased to the person who needs to purchase the machinery, and the interest of 30 million won per unit of the machinery would be increased to 32 million won by adding the interest of 2 million won and the principal to 32 million won after the month of the sale.

The phrase “ makes a false statement.”

However, at the time, the Defendant did not pay KRW 800,000,000 out of the loans of KRW 4 million, and the money remaining in the Defendant’s account was only KRW 620,000,000,000,000,000,000, and was engaged in business by purchasing machinery on credit without all equity capital, and approximately KRW 500,000,000,000,00,000 after the resale of the machinery. Since the Defendant was thought to use the money for personal debt, including the above credit, and for living expenses, there was no intention or ability to pay the money from the injured party even if he borrowed the money.

Around September 30, 2014, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 30 million to an enterprise bank account (E) in the name of the Defendant under the pretext of a loan from the damaged party.

2. On the other hand, in the case of a crime falling under Article 347(1) of the Criminal Act and having a relationship between the victim and the criminal under Articles 354 and 328(2) of the Criminal Act, a public prosecution may be instituted only when the victim files a complaint. Since a written agreement and a written application to the effect that the victim with the third degree of relationship with the defendant filed a complaint against the defendant on December 18, 2017, which was after the public prosecution of this case, the defendant filed a complaint against the defendant on December 18, 2017, can be recognized, the public prosecution against the defendant pursuant to Article 327(5) of the Criminal Procedure Act.