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(영문) 부산지방법원 2021.03.25 2020고단713
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a director of Company B established for the purpose of software development, etc.

On May 2010, the Defendant would return the principal along with the fee if he/she lent funds necessary for the issuance of a balance certificate of a company, along with the name and non-registered person (hereinafter referred to as "C").

The purpose of this paper is to acquire money by fraud and to acquire it by fraud.

Accordingly, on May 25, 2010, the defendant's "Certified Judicial Scriveners E Office" located in Seo-gu, Busan around May 25, 2010, has a lack of cash at the time when the victim F is required to increase our company's capital.

The balance certificate shall be issued after borrowing KRW 80,000,000 and the principal shall be returned in advance on the following day after the issuance of the balance certificate, and the fee shall be paid in advance.

In order to guarantee the return of money, the head of the Tong in the name of our company will be left to the party.

“A false representation was made.”

However, in fact, when the Defendant deposited money into the account that the Defendant used, the Defendant planned to withdraw the money after transferring it to another account under the name of the stock company B used by the Defendant, and there was no property or fixed income at the time, and there was no intention or ability to repay the money even if it borrowed the money from the damaged party.

The Defendant, in collusion with a person who was killed in the name of the Defendant (hereinafter “C”) and, on May 26, 2010, by deceiving the victim, received KRW 81 million from the injured party to the Busan Bank account (G) in the name of the Plaintiff, and acquired it by deceiving the victim.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a criminal investigation report (Analysis of details of accounts for damage);

1. The pertinent Article of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding criminal facts have not been restored to the reason for sentencing. Considering the amount of the Defendant’s taking account, etc., all the arguments in the instant case, including the remaining Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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