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(영문) 의정부지방법원 2017.11.13 2017고단1799
사기
Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

On December 2, 2015, the Defendants accepted a discount set on the ground of the “baton president” and conspired to commit fraud of marina goods by taking over various goods and subsidies from the goods supplier as if they were operating the set normally, and thereby receiving various goods and subsidies from the goods supplier.

According to the above public offering, the Defendants acquired in the name of F, the president of the E EM, located in Gyeonggi-si, and Defendant A, and the victim G, who was a ice cream wholesaler around December 28, 2015, would engage in sales transaction of KRW 200 million over two years on the face of the week.

The phrase “ makes a false statement.”

However, Defendant B was a person with no particular property in bad credit standing, and Defendant A was a person who was working for an adult amusement room after receiving daily allowances, with low credit rating, paid only KRW 20 million out of KRW 150,000,000,000,000, out of the card loan from a capital company. The Defendants thought that the above marina’s profits were deducted from the Defendant’s personal account to the Defendant’s personal account and did not pay monthly rent and goods, and even if receiving subsidies from the injured party, the above marina was operated normally and did not have the intent or ability to pay the goods properly to the victim.

The Defendants, as such, by deceiving the victim, received 30 million won as the above-mentioned subsidy from the injured party for the first time.

In addition, the Defendants received the total amount of KRW 142,249,817 and subsidies from four victims, as shown in the list of offenses, as well as from the aforementioned date to April 16, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning F in the protocol of suspect interrogation of the police officer;

1. Statement in each police statement with regard to G, H and I;

1. Investigation reports (to hear statements from witnesses and reports), written agreements for transactions, etc., and each of them;

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