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(영문) 광주지방법원 순천지원 2016.06.15 2015고단2442
사기
Text

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

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. in Mineyang City Co., Ltd.

On January 13, 2015, the Defendant would have the Victim G pay KRW 15 million to the “Law Firm F,” located in the “F,” office in Ma, by means of: “On February 13, 2015, the Defendant would have the Victim G pay KRW 15 million up to February 13, 2015; KRW 15 million up to March 13, 2015; and KRW 270 million up to April 13, 2015.

H If the H Project Approval is granted, the larger amount is scheduled to be entered into the corporate passbook within three months.

The phrase “ makes a false statement.”

However, since the approval of H business was unclear, the defendant had no intention or ability to pay KRW 300 million to the victim by attracting investment money from other investors within three months even if he/she borrowed KRW 100 million from the injured party.

The Defendant, as seen above, was issued one copy of the check to the Defendant’s own 100 million won in the above law firm F office under the pretext of borrowing from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to G and I;

1. A copy of a check, a copy of a process deed, a letter of confirmation, a copy of a certificate for performance, and a copy of a certificate for performance;

1. Details of the issuance of self-check checks, details of account transaction in the name of G, details of account transaction in the name of the defendant, copies of account passbook in the name of the KFJ, copies of account passbook in the name of the KFJ, and certified each content;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347(1) of the pertinent Act on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the reason [typed determination] for sentencing of imprisonment [the grounds for sentencing] in general fraud - [special sentencing factors] - In a case where the degree of deception is not severe, [the decision in the sphere of recommendation] mitigation area / [the decision in the sphere of recommendation] reduction area / [the decision in the sphere of recommendation] one month to one year / [the decision in the sphere of recommendation] the defendant led to confession and reflects the crime in this case, 330 million won out of the amount of damage, etc.

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