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(영문) 인천지방법원 2017.08.17 2016고단8723
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

On October 15, 2013, the Defendant, at the office of the Defendant’s management Co., Ltd. located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, the victim E was almost fling with the Busan Environmental Authority.

If funds necessary for the purchase of raw materials necessary for the above project are invested, it is intended to reflect the profits from the project.

The phrase “ makes a false statement.”

However, at the time, the defendant was found in the Busan Environmental Authority and did not have been proposed to implement the above project, but did not have any specific contents of the project with the Busan Environmental Authority, and there was no plan to use the fund for the personnel expenses and the payment of existing debts from the injured party, so even if he received money from the injured party, the defendant did not have any intent or ability to reduce the profits from investment to the injured party by receiving money from the Busan Environmental Authority.

On October 30, 2013, the Defendant acquired 55 million won from the damaged person to the account in the name of D Co., Ltd. by remittance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Some statements made to the defendant in the protocol of interrogation of the suspect to the prosecution (including the E statement);

1. Some statements made to the defendant or H in each police interrogation protocol;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. A certificate of all matters to be registered, business agreement, inquiry into an account, verification of return, process, certificate, credit transaction information, copy of passbook, financial statements, and F-test execution plan;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Damage in the case where mitigation area (one month to one year), reduction area (one year from January to one year), punishment exemption, or considerable damage was restored [the decision of sentence].

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