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(영문) 전주지방법원 군산지원 2017.02.08 2016고단1320
사기
Text

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

On September 2015, the Defendant would transfer KRW 100 million to the Company at the request of the Victim D, “A, a limited company E, which is in operation, is currently selected and operated as a service company from F to F.

When operating this enterprise, more money than large corporations can be punished, and honor and power can also be held together.

The phrase “ makes a false statement.”

However, in fact, even though a limited company E is in need of a certificate of tax payment in order to be selected as a FF labor service provider, the above company had already discontinued on November 22, 2013 due to tax delinquency and failed to submit a certificate of tax payment in the process of selecting a FF service provider in 2015, and the above company operated by the defendant would decline from the selection of a FF service provider in 2016 because it is not possible to submit a certificate of tax payment even at the time of applying for the selection of a service provider in 2016. Thus, the defendant did not have any intent or ability to sell the normal service provider to the victim even if receiving the purchase price from the damaged party.

As above, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 5 million as the purchase price of the company around October 12, 2015; (c) KRW 25 million as the same name around October 16 of the same year; (d) KRW 3.5 million as the same name around October 20 of the same year; and (e) KRW 43.5 million as the same name around January 28, 2016; and (e) KRW 43.5 million as the same name around January 28, 2016, to the Saemaul Treasury account in the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaints, certificates of remittance confirmation, inquiries about the state of business registration of business entities, and replies;

1. An investigation report (Submission of a detailed statement of transactions in the accounts of the Saemaul Treasury of the person under investigation), a detailed statement of account transactions, and an investigation report (a document attached to the public notice of recruitment of the G custodian in 2015).

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