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(영문) 대구지방법원 2017.09.08 2016고정2224
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a substantial operator of D Co., Ltd. in Daegu Suwon-gu C.

On April 2014, the Defendant, at the victim F’s house located in the GGG in the Daegu Suwon-gu, Daegu-gu, 2014, installed the boiler to the victim “if installed in the G church in which the four plant is located, the boiler is not put in separately, and heating is efficient.

In four names, H companies will receive loans from H companies and install the pumps.

The phrase “ makes a false statement.”

However, the defendant did not have the intention or ability to install the law pumps for the victim because the defendant thought that he will use the law firm operation funds and personal use even if he received a loan for the installation of machinery in the name of the victim due to the lack of financial standing of the company.

The Defendant: (a) by deceiving the victim as above; (b) caused the victim to enter into installment financing agreements with H on May 2, 2014; and (c) transferred KRW 19.1 million of the victim’s loans to the account in the name of one bank account in the name of the Defendant Management Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, I, and J;

1. A complaint (including a written agreement of installment financing);

1. Details of entrance and exit, set pumps purchase account statement, investigation report (K director and telephone conversations with the H business support team), investigation report (Submission of evidentiary data by the victim), copy of the estimates for heating and cooling construction works of the L care hospital, copy of the L care hospital contract, investigation report (person in charge of mutual assistance at bar), investigation report (M company N director telephone conversations), investigation report (verification of H establishment confirmation), product installation confirmation document, investigation report (credit with customers borrowed from H for the installation of a set-off pumps from D), application of Acts and subordinate statutes certifying deposit transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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