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(영문) 의정부지방법원 고양지원 2016.02.16 2016고단1

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is registered as the representative director of the corporation D, which is located in the Dong-gu Seoul Special Metropolitan City C building 401 in Manyang-si.

On May 17, 2013, the Defendant would transfer the victim E’s shares of KRW 200,000 and pay KRW 2.2 million monthly interest on KRW 50,200,000 to the victim E in a mutual influent restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government.

“False speech was made to the effect that it was “.”

However, in fact, since the corporation D was unable to operate its business because it was unable to register its business as a corporate entrepreneur, there was no stock value at all, at the time, the defendant did not have any particular property, and at the time he did not have the intent or ability to pay the above interest every month.

On May 24, 2013, the Defendant, by deceiving the victim, received KRW 30 million from the victim, via the dynamic securities account ( current security and account numberF) in the name of the Defendant, and received the remittance of KRW 53 million from the above time from the above time to June 13, 2013, as described in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement protocol by the police for E;

1. An investment agreement, a contract for transferring stocks, a statement of remittance of money, details of deposit and withdrawal of bankbooks, application of credit information-related Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations, general fraud, the area of less than 100 million won, and the area of mitigation: Imprisonment by one year;

2. Criteria for suspension of execution;

(a) Reasons for negative factors: None;

(b) Active reasons: No penalty is imposed;

(c) No reasons for negative general consideration:

(d) positive and general factors: clear social ties, serious reflects, and there are no criminal records of suspended execution or more.