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(영문) 창원지방법원 2013.11.19 2013고정906
사기
Text

1. The defendant shall be punished by a fine of 2.5 million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a internal director of C in-house company.

On May 201, 201, the Defendant received from the victim F a remittance of KRW 10 million from the victim’s beliefing that “If the Defendant wishes to make an investment in the Company C, he would distribute profits to the Company C, and if she would have to receive a return of the investment money, she would return it at any time before this frame.”

However, the defendant did not have the ability or intent to return even if the victim demanded the return of the investment.

After all, the defendant requested the defendant to return the investment amount of KRW 10 million on November 201, but he did not return the investment amount and acquired the amount by fraud.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Third police suspect interrogation protocol against the accused;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to a copy of the details of passbook transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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.

4. It is so decided as per Disposition on the grounds of the main sentence of Article 186(1) of the Criminal Procedure Act or above.

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