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(영문) 수원지방법원 안산지원 2014.12.09 2013고단2627
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 29, 2011, the Defendant was sentenced to a suspended sentence of two years (Fraud) and two years of suspended execution (two years of suspended execution) in the year of imprisonment with labor for fraud and the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on April 29, 201, and the said judgment became final and conclusive on August 26, 201.

On August 8, 2009, the Defendant told the victim E, who was found to be in order to receive construction from the D office of the Defendant’s operation of the Defendant Company, located in Ansan-si, Sinsan-si, to the effect that “I will build a new factory in the Gunsan-si F, and will enter into a new construction of the above factory within 15 days after using the initial fund, such as the payment of design expenses, if I lent 30 million won.”

However, in fact, the Defendant was thought to use money from the victim in another place that is not related to the construction of the factory. In fact, the Defendant intended to use the money for the construction of the factory for the purpose of ordering the construction of the Pakistan and intended to undertake the construction without any particular equity capital. However, even if he borrowed money from the victim, there was no intention or ability to repay the money.

On August 27, 2009, the Defendant, by deceiving the victim as such, received KRW 29.5 million from the victim to the account of the said stock company as the next loan.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the third protocol of the trial;

1. Some statements of the prosecutor's office and police suspect interrogation protocol of the accused (including the E Statement);

1. The prosecutor's office and the police's statement of E;

1. Documents related to the complaint, details of deposit transactions, standard contract for private construction works, certified copy of the register, each labor contract, materials supply contract, and Pakistan Housing Corporation;

1. Previous convictions in judgment: Criminal records and application of respective statutes governing judgment;

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

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