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(영문) 의정부지방법원 2020.04.22 2019고단411
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The charge of evading compulsory execution among the facts charged of this case is not guilty. It is so decided as per Disposition.

Reasons

Punishment of the crime

The defendant is the representative director C of the Dispute Resolution Co., Ltd. in Namyang-si.

On August 1, 2018, the Defendant borrowed KRW 250 million to the victim D by telephone, and received KRW 250,000,000 from the H account in the name of the Dispute Resolution Co., Ltd. (hereinafter “F and other investors will return KRW 250,00,000,000 from August 3, 2018 to August 6, 2018, if the account is deposited into the Dispute Resolution Co., Ltd.).

However, since investors such as F, etc. at the time did not have made a final decision to deposit money under the name of investment in the G, it was unclear whether the Defendant can pay KRW 250 million to the victim on August 3, 2018 or August 6, 2018, the repayment date.

Nevertheless, on August 6, 2018, the Defendant, at the latest, by deceiving the victim as if the investors, such as F, etc., deposit in the Fund in the Fund in the Bank of Korea, would make repayment of KRW 250,000,000,000 from the victim.

Summary of Evidence

1. Entry of each part of the accused in the first and second trial records;

1. The entry of some of the witness I in the third protocol of trial;

1. The statements made by witnesses D and J in the third and twelve trial records;

1. The statements of the witness K in the fourth and sixth trial records;

1. Partial statement of L witnesses in the 12th trial records;

1. The part of the protocol of interrogation of the defendant by the prosecution against the defendant, the part of the defendant's statement, and D's statement

1. The part of each of the statements made by the defendant in each police interrogation protocol against the defendant, including the part of the statement made by the defendant, D, J, and I

1. Each police statement to D, J, I, and K;

1. Written Statement;

1. A written additional complaint;

1. Reporting on investigation (Submission of suspect J data);

1. The Kakao Stockholm dialogue;

1. Contracts for transfer and takeover of bonds;

1. Recording notes;

1. The multi-level supply contract (M and the G).

1. Certification of details on August 10, 2018;

1. A fact-finding certificate (related to termination ofM contract);

1. Transfer certificate (M in theG);

1. Details of text messages;

1. A written petition;

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