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(영문) 서울동부지방법원 2015.06.26 2013고정2288
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around April 2012, the Defendant made a false statement to D, the representative director of the victim C, stating that “The Defendant would invest KRW 1 billion in the business capital of KRW 1 billion from the chairperson F of E Co., Ltd., which may be able to invest in the business capital of KRW 1 billion,” and that “The Defendant received an investment commitment from E” around August 2012, 2012.

However, the facts are not between F and F, and the Defendant merely lent KRW 1 billion to him, and there was no sufficient investment proposal and there was no fact that he had received investment commitment. Therefore, the Defendant did not have the intent or ability to invest KRW 1 billion in the victim.

Around July 18, 2012, the Defendant received or acquired property or pecuniary benefits equivalent to D’s total amount of KRW 4,941,600 and KRW 2,6980,000 from H travel workers located in Gangseo-gu Seoul Metropolitan Government, as stated in the list of crimes, from around October 19, 2012, as well as KRW 4,941,60 and KRW 2,6980,00 (3,372,50).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by a witness I in the fourth protocol of the trial;

1. The statements made by witnesses J and K in the fifth trial records;

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes, such as a copy of airline tickets and transfer certificate;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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