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(영문) 수원지방법원 안산지원 2018.12.13 2018고단1802
사기
Text

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

Reasons

Punishment of the crime

The defendant was the representative director of a corporation B with the purpose of manufacturing electricity and electronic parts, and the victim C was the head of the management team of the above corporation.

On September 2016, the Defendant was confirmed to have lent money to the victim in the Co., Ltd., which is located in the third floor of the building D in Ansan-si, Seoul-si, Seoul-si, the third floor of the building D, “The funds, etc. to be paid to the external company are needed. It became final to enter the investment money in

When the investment is deposited, the money shall be paid immediately.

“False speech was made to the effect that it was “.”

However, the defendant did not have determined to receive the investment money from E, and the corporation B was faced with difficulties in management to the extent that it is unable to pay the price or the employee's salary to be paid to the business entity, so if the investment money is not received, the defendant did not have the intention or ability to pay it even if he borrowed money from the damaged person.

Nevertheless, on September 13, 2016, the Defendant, as seen above, received KRW 31,200,000 under the name of the Defendant’s bank account in the name of the Defendant from the victim, and received KRW 31,20,000 from that time to December 13, 200 through the issuance of KRW 193,20,000 in total on seven occasions, such as the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawals;

1. The punishment shall be determined by comprehensively taking into account all the circumstances indicated in the record, including the reasons for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the selective criminal punishment for the crime.

In favorable circumstances: The amount of money confessioned and acquired shall be used as the fund for the operation of the company, and the circumstances unfavorable to the repayment of some damage: Recovery of a considerable portion of damage.

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