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(영문) 대전지방법원 공주지원 2015.03.20 2013고단388

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On April 17, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor for alteration of official documents and 2 years of suspended execution at the Daejeon District Court, and the said judgment became final and conclusive on the 25th of the same month.

【Criminal Facts】

On November 2012, the Defendant stated that “A victim C made an investment of KRW 100 million in capital, thereby establishing and operating a corporation D by investing KRW 100 million in capital, and establishing and operating it. B, the Defendant would dispose of the corporation E in the existing operation and operate the business by adding the amount disposed of.”

However, in fact, the Defendant, even if receiving capital from the victim, did not have the intent to withdraw and repay the debt of the Plaintiff E, but did not have the intent to make an investment in KRW 100 million. At that time, the Defendant did not have the actual amount to be deposited by disposing of the legal entity E and so, the Defendant did not have the intent or ability to establish and operate a normal D and did not have any other intent or ability to pay the said investment.

Nevertheless, on November 16, 2012, the Defendant, as above, received a passbook and a seal impression from the victim bank in the name of the victim who was deposited in KRW 100 million as the corporate capital from the victim and acquired it through a passbook and a seal impression.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Details of transactions, details of D expenditure (the details of Cinvestment payments), certificates of transfer from each Internet Bank, details of transfer of D legal entities, details of transfer of payments, and details of other chartered buses expenditure;

1. Copy of corporate register or articles of incorporation;

1. Inquiries and answers to inquiries;

1. A benefit ledger, resume, notification of new employment of transport employees, retirement status notice, passenger transport business registration certificate, each tourism business registration certificate, each mutual aid business guarantee certificate, a list of stockholders, a list of stockholders, a sales contract for each corporation, a sales contract and a certificate of seal impression, a vehicle status list, a letter of delegation, and a full certificate of registered matters on June

1. Investigation reports (the culture and tourism of the Daejeon Sung-gu Office and telephone conversations), investigation reports (the public viewing education administration and telephone conversation).