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(영문) 춘천지방법원 강릉지원 2018.05.16 2016고단1543
사기
Text

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

Reasons

Punishment of the crime

On March 12, 2012, the Defendant sought human resources supply business to the victim D in relation to cleaning the guest room of the E set, food, and smoke at the infinite coffee shop near C located in Gangnam-si B on March 12, 2012.

In this case, if E is defective, 100 million won should be paid in capital, and 35 million won should be paid in the state of shortage, and 15 million won should be paid in the state of loan.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant had already been engaged in the cleaning of the guest room of E, and there was no reason to obtain a new business license, and there was no other reason to obtain a new business license from E with respect to the supply of human resources related to other food and tobacco, and there was no intention to use the funds from the damaged party as operating funds for the insufficient operating funds of the human resources supply company in the past, and there was no intention to use the funds as the cost for acquiring a new human resources supply business right or as the capital required for the contract of E E, so even if receiving the funds from the damaged party, there was no intention or ability to pay the principal or its profits.

Nevertheless, on March 13, 2012, the Defendant was transferred KRW 30 million to an enterprise bank account (F) with the Defendant’s name on March 13, 2012, and KRW 5 million to the same account on March 14, 2012.

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

Summary of Evidence

1. Three-time protocol concerning the examination of the suspect of the police against the accused;

1. Statement made by the police against D;

1. Establishment of a business cooperation council;

1. Application of the details of account transactions, loan certificates, and respective Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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