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(영문) 수원지방법원 성남지원 2014.03.21 2013고단1983

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the operator of D Co., Ltd., a agricultural product distributor located in Namnam-si.

Around March 26, 2012, the Defendant: (a) at the office of Songpa-gu Seoul EF, the Defendant was unable to pay food materials, etc. to the Customer at the time; (b) the Defendant was also unable to pay monthly rents; (c) was planned to use the food materials in borrowing money from the Victim G and H; and (d) it is unclear whether the advance sale without payment was first made; and (c) it was possible to gain profits therefrom; (d) even if the victims borrowed money from the victims, the Defendant did not have the intent or ability to return the principal and to pay the profits within one month; and (e) even if the victims were unable to obtain profits from the purchase and work, the Defendant made a false statement stating that “I would return the principal and pay the profits to the customer after the purchase and work of the money, and if you were delivered the money to the victims, I would return the profits from the principal within one month; and (e) the Defendant received the money from the victims to the No. 750,500,000 won, including the money transferred from the No. 200,600.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of witness G and H of this Court;

1. Examination protocol of the accused by prosecution;

1. Statement made by the prosecution against G (excluding the H part of statement);

1. Each police suspect interrogation protocol against the accused (including G and H statements in the second protocol);

1. Each police statement made to G (including H in the first protocol);

1. Copies of each loan certificate, details of passbook transactions, data on the remittance of victim H damage funds, data on the details of additional remittances by victim H, copies of each document of borrowing money, copies of bankbooks, 21 copies of bankbooks, and agricultural cooperatives;

1. An investigation report (IJ telephone calls), an investigation report (K telephone communications), an investigation report (L telephone communications);