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(영문) 인천지방법원 부천지원 2014.05.22 2014고단151
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

All applications filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On October 201, the Defendant stated to the effect that, “F Kafff of the Seoul Special Metropolitan City, Seocheon-si E (Seoul Special Metropolitan City)”, “The victim C and the victim D subcontracted to many companies for semiconductor part finishing work,” and that, at the time of the subcontractor’s work, the subcontractor shall receive rent from the subcontractor by leasing semiconductor part finishing machinery at the time of the subcontractor’s work. When this machine is leased to the subcontractor by purchasing KRW 30 million per unit of the machinery, the Defendant may receive rent of KRW 1,00,000 per machine, and at the same time, the Defendant may sell the machinery and collect KRW 30,000,000 per machine’s principal and KRW 30,000 per money.”

However, at the time, the Defendant did not have any particular property, and there was no particular profit due to the difficulty in operating the H’s business with G, and there was no fact that the Defendant purchased machinery and leased it to another business, and there was an intention to use the funds received from the victims for personal living expenses, etc. Therefore, even if the victims received money from the victims for the purpose of receiving money from the victims as money for the rent of machinery, there was no intention or ability to pay the victims

As such, the Defendant, by deceiving the victims, received KRW 30 million from the victims C to the corporate bank account in the name of the Defendant’s management, from that time, and acquired KRW 140,000 from that time to July 4, 2012, a sum of KRW 100,000 from the victims as stated in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, K and I;

1. Application of Acts and subordinate statutes to the defendant's written statements (including the written statements in C and D) among the prosecutor's office and police interrogation protocol of the defendant;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Of concurrent crimes, an application for compensation under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act applies to the scope of liability for compensation.

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