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(영문) 창원지방법원 마산지원 2018.05.15 2017고단1293
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

The defendant, around November 2012, at the office of the company operated by the victim D in Kimhae-si, Kimhae-si, the defendant ordered the victim to establish a steel-line factory in Hanam-gun E, and first borrowed the cost of the establishment of the factory in 150 million won, the defendant ordered the new construction at a continuous pressure rate of 650 million won after the establishment of the steel-line factory and repaid the loan with the factory as security.

“A false representation was made.”

However, in fact, the Defendant did not have any property or income under the name of the Defendant, and there was no money for the establishment of a factory, and thus, the Defendant did not have any intent or ability to place an order for a new construction or to repay the money borrowed from the damaged party by establishing a steel-line factory.

Nevertheless, on January 10, 2013, the Defendant: (a) was delivered KRW 150,000,000 as borrowed money to the parallel account in the name of F Co., Ltd. operated by the Defendant’s branch on January 10, 201, by deceiving the victim and deceiving the victim; and (b) on January 10,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police against D;

1. A complaint filed in D;

1. Application of a copy of construction contract, copy of borrowed money, inquiry of details of past transactions, copy of a contract for lending and borrowing money, copy of a bankbook in the name of agricultural cooperative, and each payment statute;

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of punishment by imprisonment: One month to ten years;

2. Scope of the recommended punishment according to the sentencing criteria: One to four years of imprisonment.

(a) Determination of types: Two types of frauds in general (not less than one hundred million won, and less than five hundred million won);

B. There is no special sentencing factor:

(c) Determination of the territory of recommendation: Basic territory;

3. Determination of sentence: The amount of damage to a victim caused by a crime as stated in the holding in one year of imprisonment is considerably high as 150 million won.

Since the first commencement of the investigation into the crimes in the judgment in November 2014, the defendant has been in three years and six months until now.

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