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(영문) 부산지방법원 동부지원 2018.04.19 2017고단2620
사기
Text

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

Reasons

Punishment of the crime

The defendant is the operator of C, who is a performance planning company.

On October 19, 2014, the Defendant would be able to receive repayment in the order of first priority by transferring the right to claim payment of the settlement of accounts for the sales of the kicket to the kicker who borrowed the money in short of the amount of public performance reserve to hold the knish E performance.

“ ........”

However, in the absence of any particular sales or profit at the time and without any bank balance, the Defendant was unable to enter into the “contract for public performance production and contribution” with E Company F and pay the down payment properly. The amount received from the injured party was thought to be used for any other purpose than the above public performance. Due to such financial difficulties, the right to claim the payment of the payment for the payment of the payment for the payment of the payment for the sales of diskettes from the beginning was transferred to F Co., Ltd. and did not have to be appropriated for the down payment and the balance. In short, even if the Defendant received money from the injured party, such as not notifying the victim

On October 20, 2014, the Defendant prepared a contract for the transfer of claims with the victim at the H Joint Law Office located in Busan Metropolitan Government G, Busan, and authenticated it, and received KRW 30 million from the victim’s name bank account (I).

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes to reply to a request for cooperation in investigation, A credit information inquiry results, a certificate of credit transfer contract and process, a confirmation of deposit transaction details, a criminal investigation report (the complainant's telephone statement), a contract for transfer of claims, and a criminal investigation report (F employee J telephone statement);

1. The crime of this case as to the relevant legal provisions for the crime, Article 347 (1) of the Criminal Act for the choice of punishment, and the reason for sentencing of imprisonment with prison labor for the crime of this case is that the right to claim a salary prohibiting the settlement of accounts for diskettes sales will be transferred.

The crime is bad, and the defendant is sentenced to punishment for the same kind of crime.

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