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(영문) 서울동부지방법원 2016.06.16 2016고단810
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a representative director of the Gyeongjin-gun Co., Ltd. D Co., Ltd. located in the Gyeongjin-gun, the Defendant, upon knowledge of the fact that the Defendant was urgently needed for the operation of the company, and sought a loan by obtaining an appraisal report from the said victim to obtain a mine located in the Gyeongjin-gun, Chungcheongnam-gun, Gyeongjin-gun, Seoul on November 201, 201.

The appraisal statement will be repaid immediately until November 25, 2014, if the appraisal statement is lent with money in need of the cost of issuing the appraisal statement.

It is expected that a mine will be promptly granted a loan equivalent to KRW 2.5 billion as security, which will lend KRW 300 million to the party as company operation funds.

“A false representation was made.”

However, at that time, the Defendant was trying to develop the mine by acquiring the mine and promoting the development of the mine, but the acquisition fund was not prepared properly, and it was difficult to obtain a security loan from a financial institution as security, and even if there was no particular property or income, there was no intention or ability to repay it in accordance with the promise even if he borrowed money from the damaged person.

Nevertheless, on November 20, 2014, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 10 million to the account in the name of the said D Co., Ltd. from the victim; (c) around November 20, 2014.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on remittance details;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the scope of the recommended punishment] and the sentencing criteria [the range of the recommended punishment] set forth in the category 1 (less than KRW 100 million) and the mitigated area (one month-one year-one year-one year] are not subject to the punishment; and

2. Sentence;

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