(영문) 수원지방법원 2016.02.17 2015고단1667

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(영문) 수원지방법원 2016.02.17 2015고단1667

사기

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

Reasons

Punishment of the crime

From January 1, 1995, the victim C was engaged in the business with the trade name "D" in Vietnam, and around January 2013, the defendant was employed as the head of the above company as the head of the company and has been in charge of the overall business of the local factory operation.

On the other hand, around June 2013, the Defendant recommended the victim to operate the salary provision place in Vietnam, because he had been operating the salary provision place. The victim began to operate the salary provision place with the trade name called “E” and decided to appoint the Defendant as the head of the above “E” corporation.

around that time, the Defendant: (a) formed a “E” corporation with business permission under the name of the victim when sending the lease deposit and facility investment money to rent a factory to the victim; (b) the Defendant, as the head of the “E” corporation, made a false statement as if he were to normally operate the company for the victim; (c) however, even if having received money from the victim, the Defendant merely thought that he/she would operate the company under the name of the local F in a relationship with the Defendant with internal relations, and did not have any intent or ability to normally operate the company after establishing the company for the victim.

On June 30, 2013, the Defendant: (a) by deceiving the victim; (b) received USD 51,000 as the contract deposit for factory lease on June 30, 2013; (c) USD 18,900 as the contract deposit for factory facilities on July 15, 2013; and (d) USD 50,000 as the contract deposit for factory facilities on July 17, 2013, the Defendant received USD 119,900 in total on three occasions, including USD 50,00 as the contract deposit for factory facilities.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal testimony of C, G, and H (in the case of G or H, part of the testimony);

1. Some of the protocol concerning the examination of the suspect against the accused by the prosecution (including theC statement);

1. Statement made by the police against C;

1. A copy of e-mail (the sending of e-mail C on August 18, 2013)

1. A lease contract for a factory and an I lease contract;

1. Each investigation report (to hear statements from reference witnesses J.);

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