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(영문) 서울북부지방법원 2018.06.15 2018고단662
사기
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

In fact, the Defendant is running a business with unstable human resources, but the Defendant was engaged in Posco engineering employees, and was paid from February 2012 to D with the victim's relationship.

On May 2014, the Defendant has the obligation to pay to the Defendant for his business by mistake in the Posco engineering company.

The remaining debts amount to KRW 30 million.

I would like to receive a proposal to lend money from the injured party by stating that “one million won has been paid with interest by lending money, such as a closed-end bond.” In other words, the victim may re-enter the company when resolving this money.

He said that he would not pay off a large amount of money.

However, in fact, the defendant did not have any obligation with respect to Masco Engineering Co., Ltd., and even if he received KRW 30 million from the injured party, he did not enter the Masco Engineering and did not have any intent or ability to repay the above obligation because there was no certain property or income at the time.

Nevertheless, on May 23, 2014, the Defendant received cash of KRW 30 million from the damaged party under the pretext of borrowing KRW 30,000,000 from the nearest area in Bomunmun-dong, Seongbuk-gu, Seoul, Seongbuk-gu.

In addition, the Defendant received total of KRW 4,973,00 from the injured party four times, as indicated in the list of offenses, although the Defendant did not have any intent or ability to repay the borrowed money from September 2014 to September 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. A detailed statement of each bank transaction;

1. Kakao Stockholm messages;

1. Application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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