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(영문) 전주지방법원 2017.01.11 2016고정883

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant operated the taxi passenger transport business chain C.

On February 24, 2016, the Defendant stated that “The Victim F, who operates the said Company, intends to lease the land of the Jinjin-gu Seoul Special Metropolitan City to use it as a company’s business site,” and that “The Defendant paid KRW 30 million on behalf of the Plaintiff and paid the monthly rent to the Plaintiff F, who is in charge of the said Company’s business site.”

However, in fact, the defendant found the person to acquire the company from October 2015 to a plan to sell the company to another person as a result of the aggravation of the management performance of the company, and even if he received money from the injured party as a security deposit for leasing the company's business site, he continued to operate C normally and did not have the intent or ability to perform the above supply contract with the gas station operated by the injured party.

Nevertheless, the Defendant, by deceiving the victim by such falsity, received 30 million won from the victim to the new bank account (H) in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. F statement made to the defendant in the police interrogation protocol;

1. Statement made by the police with regard to F;

1. Complaint;

1. Application of Acts and subordinate statutes governing a transaction agreement, a receipt for payment in loss, a certificate of borrowing, and a contract for transfer in assets (C), a transaction by a new bank passbook A, a transaction by a new bank passbook C, a payment in money, and a contract for transfer in acquisition of management rights;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the Defendant’s crime of this case is light of the nature of the crime

Although the amount of damage has not been returned in full, the victim has not been punished for the defendant any more by agreement with the victim, and the age of the defendant is the age of the defendant.