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(영문) 서울중앙지방법원 2016.09.02 2016고합261
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On April 12, 2010, the Defendant, while running the FF (hereinafter “F”), filed an application for commencement of rehabilitation proceedings with the Suwon District Court on April 12, 2010, and was subject to the disposition of suspension of current account transaction on April 16, 2010.

On May 11, 2010, the above court decided to commence rehabilitation procedures, but decided to discontinue rehabilitation procedures on April 29, 2015, and the F was finally declared bankrupt on May 14, 2015.

On March 31, 2010, the Defendant’s “J” as stated in the indictment of H in G with the wife population G is obvious that the Defendant is a clerical error.

(Evidence Records 7, 13, 54, 100 pages 7, 54, 100 or less). A false statement was made to the victim I operating the A, stating that “A check needs to be avoided and money is urgently needed. If 59,00,000 won is lent, it will be repaid to the A.M. on the day.”

However, in fact, the management of F by the defendant has deteriorated, and the defendant did not have any other property, and even if he/she borrowed money, he/she did not have an intent and ability to repay.

The Defendant, by deceiving the victim as above, received KRW 59 million from the victim to the single bank account in the name of F on the same day.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A copy of the entry money list, cases search by the Supreme Court, certified copy of corporate register, copy of rehabilitation data, copy of the report filed by a trustee in bankruptcy, copy of financial statements, transaction details by business partner director, ledger of each business partner, current status of payments and bills, facsimile of each account transaction statement, and the application of

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing)

1. The summary of the assertion was that the monetary transaction with the victim I was a kind of transaction with the original friendship, but there was no statement that he would make a full payment on the following day at the time of borrowing money, and that he would not make a full payment.

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