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(영문) 수원지방법원 성남지원 2017.03.30 2016고정1245

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who serves as the representative director B.

A. On September 25, 2014, the Defendant: (a) stated that “A victim E shall be paid a full payment if he/she lends KRW 3 million to the victim E within the “D food store” of Sungnam-si, Sungnam-si, and the first floor.”

However, the defendant could not pay wages to workers because of the difficulties in the company situation at the time, and even if he borrowed money from the damaged party due to the lack of a certain monthly income, he did not have the ability and intention to pay it.

The defendant deceivings the victim as above and was delivered three million won to the Saemaul Treasury Account in the name of the defendant on the same day from the victim.

B. On October 27, 2014, the Defendant: “Around October 27, 2014, the Defendant agreed to pay the victim E with KRW 10 million borrowed prior to lending KRW 10 million to the victim E in one month of use and repayment.”

However, the defendant could not pay wages to workers because of the difficulties in the company situation at the time, and even if he borrowed money from the damaged party due to the lack of a certain monthly income, he did not have the ability and intention to pay it.

The defendant deceivings the victim as above and was delivered KRW 10 million to the Saemaul Treasury Account in the name of the defendant on the same day from the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol of E;

1. Application of Acts and subordinate statutes to a certificate of transfer confirmation, investigation report (a summary order, such as violation of the Criminal Suspect Labor Standards Act);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.