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(영문) 청주지방법원 2017.01.24 2016고단1576
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On November 2012, the Defendant would pay the victim E dividends from the “D” office operated by the Defendant of Seodaemun-gu Seoul Metropolitan Government 102 in the “D” office of the Defendant’s operation of the Seodaemun-gu Seoul Metropolitan Government C Building, and would return the investment money at maturity.

If an investment of KRW 50,00,000 is made in F to invest KRW 300,000,000, it will pay the dividend of KRW 1,50,000 per month and return the investment money on April 20, 2013.

The phrase “ makes a false statement.”

However, the Defendant could not pay dividends even if he did not have invested in the production of the above “F” or participated in the production. At the time, the Defendant had no intention or ability to return the money received from the damaged person during the agreed time because all of the amount received from the damaged person due to the management of the company in an ongoing state and the debt amounting to approximately KRW 460 million.

On December 3, 2012, the Defendant, by deceiving the victim, received 50 million won from the victim, via a new bank account (G) with the Defendant’s name on December 3, 2012.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. A copy of a detailed statement of distribution of dividends for production of motion pictures, details of calculation of remuneration for production and entertainment, etc., and application of statutes governing transfer transaction verification;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] In the case where a person commits an intentional deceptive act in the mitigated area (one month to one year) (special mitigated person) (the special mitigated person) or the degree of deceptive act is weak (the decision of sentence], but the amount of damage is not small, but the person who committed an intentional act and paid approximately nine million won as interest, and the defendant closed down the business.

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