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(영문) 인천지방법원 2015.06.25 2014고단873

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Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On February 14, 2011, the Defendant was sentenced to one year of suspension of the execution of imprisonment for six months at the Incheon District Court on February 22, 201, and the said judgment became final and conclusive on February 22, 2011.

Around April 2008, the Defendant: (a) around 2008, at the C restaurant located in Nam-gu Incheon Metropolitan City, the victim D, “B is the head of the business headquarters of the Incheon E Headquarters, the organization of North Korea Small and Medium Enterprise; (b) was scheduled to establish a corporation in order to be provided with disused materials, such as Korean electric power plant and scrap metal generated through the Veterans Association, etc.; and (c) secured 30% of the equity interest. In addition, within the Republic of Korea, the amount of KRW 100,000,000,000,000 shall be used for operating expenses; and (d) would be used as the corporation’s equity investment if it is not sexually reproduced by August 31, 2008, the full amount shall be returned within one week; and (e) KRW 50,000,000 shall be returned at any time within one week.”

However, in fact, the defendant was thought to use the defendant's personal business body for the establishment cost of the defendant's personal business body by receiving money from the victim, and there was no intention or ability to provide the victim with the right to use

Nevertheless, the Defendant, as such, by deceiving the victim, received a total of KRW 50 million from the victim as an investment in the corporation on May 28, 2008, and KRW 150 million on June 3, 2008, including KRW 100 million under the pretext of business expenses.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made to D by the police;

1. Statement of Transactions by Account (F. Enterprise);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (attached to suspect-related cases);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Reasons for sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes [the scope of recommending punishment] and the grounds for sentencing in Article 39(1) of the Criminal Act [the scope of recommending punishment] There are no basic area (1 to 4 years) (1 to 50 million won) (1 to 1 year] [the decision of sentencing] no person who has been sentenced to imprisonment and no damage recovery for 1 year and 2 months, and the whereabouts are unknown after escape.