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(영문) 수원지방법원 안양지원 2018.08.14 2017고단2080
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] On June 28, 2016, the Defendant was sentenced to a suspended sentence of two years on July 6, 2016 for the crime of violation of the Punishment of Tax Evaders Act in order to obtain the sentence of imprisonment with prison labor for the violation of the Punishment of Tax Evaders Act in order to support the District Court.

[Criminal facts] The Defendant is also a person who has political funds of KRW 50 billion to the victim D and has a leader of money at the Mayang-gu Office located in the Mayang-dong, Ansan-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu

There is a business that can make investments and gain profits.

It is called the propagation that the investment profits are used for cancer as political funds.

If money is added to this propagation passbook, 10 times the principal may be punished in five times.

If a signature is signed as a joint guarantor with a cash custody certificate, it will be divided into profits.

“A false representation was made.”

However, the Defendant did not specifically know about the “financial increase”, “non-financial work”, etc., and did not have any intention or ability to reduce profits to the victim through the “financial increase”, “non-financial work”, “non-financial work,” etc., and the Defendant was also suspected of realizing the possibility thereof. Thus, even if the Defendant borrowed money from the victim as a joint and several guarantor, the Defendant did not have any intent or ability to reduce profits to the victim through the “financial increase”, “non-financial work,” etc.

The Defendant obtained the victim’s signature in the joint guarantor column of the cash custody certificate E from the injured party on the same day, and borrowed KRW 100 million from E, and became a joint guarantor, thereby acquiring the victim’s pecuniary profit equivalent to the above amount of money.

Summary of Evidence

1. Partial statement of the witness D;

1. The legal statement of witness F and G;

1. Some statements made to the prosecution or the police in the protocol of interrogation of the accused;

1. Each investigation report (Attachment to the current status of entry and departure of a suspect, attachment of check data before the suspect himself/herself, attachment of a copy of the check check report on the relevant case, attachment of suspect-raising materials, etc., and telephone conversations for reference person E.

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