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(영문) 대구지방법원 2018.02.02 2017고합483
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who operates limited liability C, which is a mobile phone stamp company located in the Chinese city, and the victim D is a person who supplies paint to the limited liability C.

around April 2015, the Defendant: “The monthly sales revenue of the C Limited Corporation was KRW 1.7 billion, and the amount of KRW 3-400,000,000,000,000,000,000 won. The Defendant returned the principal of the investment to the end of December 2015, and paid KRW 50,00 of the profit from January 2016.

“A false statement was made to the effect that it was “.”

However, in fact, the limited liability corporation was in a state of deficit, and the defendant was thought to use the money as personal debt repayment and living expenses, etc. with money under the pretext of investment, and there was no specific property, so the principal of investment was returned to the victim on the agreed date and there was no intention or ability to pay the profit.

The Defendant received, in cash, the above proposal from the injured party on May 3, 2015, in cash on May 3, 2015, the above proposal on May 14, 2015, the above proposal on May 14, 2015, the above proposal on May 16, 2015, the Defendant’s Chinese bank account on May 26, 2015, the above proposal on June 6, 2015, the Defendant’s Chinese bank account on June 24, 2015, the above proposal on June 24, 2015, the above proposal on June 140, 200 in cash, the above proposal on June 30, 2015, and the above proposal on September 17, 2015, the total of KRW 4 million received in cash, including each of the above bills on September 500, 200 (Korean currency KRW 696,320,000).

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Each investigation report (Attachment of data verifying monthly sales and search of Chinese exchange rates);

1. Application of notarial Acts and subordinate statutes concerning financial transaction statement, investment bond repayment contract, statement of profit and loss, notarial acts and subordinate statutes regarding comparison and comparison of loans;

1. Determination on the assertion of the Defendant and the defense counsel under Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act concerning the crime

1. The defendant's summary of the argument.

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