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(영문) 수원지방법원 2012.08.16 2011고합642
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, from around December 2003 to December 2005, was working as the representative director of the Water Price Manufacturing Business Co., Ltd in Olsan City from that date to June 30, 2010, and was in office as the representative director of the Water Price Manufacturing Business Co., Ltd., which had been in Olsan City D from that date. As there was a lack of business funds, such as machinery and cost of purchasing machinery, cost of plant transfer, etc., the Defendant used the pro rata portion with the victim F, who had been in the time of his elementary school.

From July 2004 to July 2004, with her mother G

8. On the day in Suwon-si, Suwon-si, Suwon-si, the Simpo-si, “The Hampo-si operates a water shoot factory in the present harmony, and the business is well doing so, and the money is well punished. Machines are purchased, and a forestry map was purchased in the Simpo-si, Busan-si, and a forestry map was intended to transfer the factory, and if the money is lent, it would give interest of 1.5 p.m. monthly, and the prestigious money would be repaid with the highest priority, and it was false.”

However, the apartment owned by the Defendant had no asset value due to the collateral debt of the Seoul Bank to be a creditor on January 2004, 2004, and one bank, Hyundai Capital Co., Ltd., I, Industrial Bank of Korea, J, K, etc. from January 2004 to the same year.

6. The provisional attachment of the above apartment, etc. was under circumstances that the Defendant was unable to pay the money borrowed from the beneficiary, and thus, the Defendant did not have any intent or ability to pay the money even if he borrowed money from the victim.

Nevertheless, on October 15, 2004, the Defendant received KRW 10 million from the victim to the account of the National Agricultural Cooperative Federation under the name of the Defendant as well as KRW 1,238,200,000 in total from November 10, 2008, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by a witness F in the third protocol of the trial;

1. Prosecutions and police suspect interrogation records of the accused;

1. The prosecutor's office and the police's statement concerning the F;

1. The suspect interrogation protocol of G police officers.

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