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(영문) 수원지방법원 안산지원 2013.11.26 2013고단1923
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 4, 2012, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for the violation of the Punishment of Tax Evaders Act in Suwon District Court and Busan District Court. On May 12, 2012, the said judgment became final and conclusive.

The Defendant is an operator of Steel Wholesale Co., Ltd. (hereinafter referred to as “C”) from early July 2010 to December 2012, 2012. The Defendant is a person running steel wholesale retail Co., Ltd. (hereinafter referred to as “C”), and the Defendant has no intention or ability to pay high-rate interest, or to redeem the investment principal within a short period, as promised to the victim, even if the Defendant purchased steel materials with money from the victim D for the purpose of its investment, due to the fact that the Defendant’s sales of the said C were insufficient, and there was no particular property owned by the Defendant, and the Defendant did not have any intention or ability to pay the investment principal, within the period of time, due to the fact that the Defendant was unable to pay value-added tax on the said corporation from the first half of July 2010 to the first half of December 2012, 201.

Nevertheless, on September 201, the Defendant made a false statement to the Seoul office located in the fiveth floor of the Gwanak-gu Seoul Special Metropolitan City E-building in Seoul Special Metropolitan City, stating that “The profits would be reasonable if the Defendant purchased and supplied them to each enterprise, etc. at the production plant of steel and steel. When investing money, the Defendant would pay monthly interest equivalent to 7% of the amount invested and repay the total amount without framework within six months.”

The Defendant received from the victim a remittance of KRW 10 million as investment money, around November 10, 201, around KRW 15,000,000 from the victim, KRW 100 million around the 17th of the same month, KRW 40,000 around the 17th of the same month, and KRW 62 million around April 10, 201 to the deposit account in the name of a national bank in the name of the Defendant.

As a result, the Defendant, by deceiving the victim, received property of KRW 212 billion in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office against the defendant;

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