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(영문) 광주지방법원 2020.05.21 2017고단5520
사기
Text

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

Reasons

Punishment of the crime

The defendant is a substantial operator of the credit and telecommunications wholesale business partnershipB (hereinafter referred to as the "B").

On April 26, 2016, the Defendant: (a) at the office of the victim-invested company, which is a subsidiary establishment and distribution company in the 8th floor of the Gangnam-gu Seoul CA building, the Defendant: (b) through B’s staff E, “F, the representative director of the Dispute Resolution Co., Ltd., shall pay KRW 104,500,000 to the G site, if the products are installed at the G site, the amount of KRW 104,50,000,000,” and (c) caused F to prepare a written agreement on business alliance between the victim and B leisure branch; and (d) around May 9, 2016, F to pay KRW 10,000,000,000,000,000,000 won, were paid in two weeks after installing the smoking unit.”

However, at the time, B was in excess of the obligation to default tax and pay the employee's benefits to the extent that it is not possible to properly pay the employee's benefits, and even if the victim did not receive any orders for communications related construction works, and there is no particular income, and thus the victim did not have the intent or ability to pay for smoking and installation costs.

Nevertheless, the Defendant, from May 10, 2016 to July 8, 2016, ordered the victim to install a smoking part in G in a leisure city, but did not pay the total of 94,500,000 won for smoking smoke and for installation services, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Examination protocol of suspect E by the prosecution;

1. Each police interrogation protocol of the accused and E;

1. Each police statement made to H and F;

1. Each investigation report (the Vice-President of the headquarters south-nam Headquarters and the results of execution of a warrant of search, seizure and verification, investigation matters, and hearing suspect A telephone statement of the suspect);

1. A business partnership agreement, each estimated agreement, each deposit statement, each document of payment installation, confirmation, joint investment agreement, statement of remittance, statement of remittance, statement of response to each request for the provision of taxation data, details of B bank account transaction, B K bank account transaction, and L, bank;

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