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(영문) 인천지방법원 2017.07.17 2017고정951
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in the metal manufacturing industry using the trade name “B”.

On March 1, 2015, the Defendant leased 1,240,000 won a deposit of KRW 1,240,000 per month from C. Notwithstanding the fact that there was no ownership in the said Section and no right to sell it, the Defendant, on July 1, 2015, sold KRW 10,000,000 to the 1,240,000 won of the goods owned by the Defendant, i.e., “CNC fluid pressure saving machine” in the said Section D D D D D D D’ 724, run by the Defendant on July 1, 2015, while selling KRW 1,00,000 to the 1,00,000 won of the Korean mechanical distribution siren Co.,, Ltd.

A false statement was made.

On July 2, 2015, the Defendant received KRW 10 million from the victimized Company to the corporate bank account (E) with the Defendant’s name on July 2, 2015, and acquired property profits equivalent to that amount.

Summary of Evidence

1. A protocol concerning the examination of some of the police officers against the accused;

1. Statement made by the police with respect to F;

1. A contract for goods trade, a mechanical siren agreement, or a mechanical photograph;

1. Application of Acts and subordinate statutes to an investigation report (receipts by facsimile contract for the lease of the C machine), investigation report (Submission of suspect of the details of payment of the mechanical lease contract and rent);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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