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(영문) 수원지방법원 안산지원 2013.08.28 2013고단965
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 4, 2010, the Defendant made a false statement to the effect that “A notary public in Ansan-si, a member C, who was a member of Ansan-si, leased and operated a F Hospital funeral home to the victim E at the law firm D office, and tried to operate one more G. When investing money, two of the above funeral hall is operated as a partnership business together. Since the deposit amount of the lease deposit of the F Hospital funeral home is KRW 100 million, the Defendant may recover the amount of investment without problem.”

However, on August 2008, the Defendant had already received a refund of KRW 100 million from the F Hospital and had no deposit to be returned, and even if the business contract is terminated or the operation of the F Hospital funeral hall is not smooth, the victim could not recover the investment money properly.

Nevertheless, the Defendant, as seen above, evaluated the amount of investment in the victim and the F Hospital funeral hall as above to KRW 150 million in total, reflecting the deposit amount of KRW 100 million in the lease deposit amount of the F Hospital funeral hall and the indoor interior interior interior interior interior interior test cost of KRW 50 million, and drafted a business contract, around October 5, 2010, the Defendant acquired KRW 125 million from the victim to the agricultural bank account in the name of the Defendant’s name for investment in the F Hospital funeral hall.

Summary of Evidence

1. Defendant's legal statement;

1. Contract;

1. Application of the Acts and subordinate statutes of the schedule of ordinary deposit transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

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