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(영문) 수원지방법원 성남지원 2016.04.28 2016고단4
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 3, 2014, the Defendant introduced himself to the complainant as the representative director of the Dispute Resolution Co., Ltd. at the office of the complainant in Kimhae-si, Kim Jong-si, Kimhae-si, as of October 3, 2014, and receives a bid to install 400KW capacity in the E and 3 lots of land in the Gyeongyangyang-si, the Appellant owns the down payment of 25 million won.

The installation of facilities shall be set up at 1% of the fixed interest rate with the funds of the national facilities, and it shall be sufficient for the complainant to repay after the delay.

“After making a false speech, I prepared a written contract for solar energy installation.”

However, the Defendant had no intention or ability to proceed with solar energy projects from the beginning.

As above, the Defendant was transferred KRW 5 million on October 2, 2014 to the Agricultural Cooperative Account (G) in the name of F, which was the Defendant’s wife by deceiving the Defendant as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Complaints and accompanying documents;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment (the crime committed during the period of suspension of the execution of the same sentence, or the fact that the victim has withdrawn the complaint and repaid damage);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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