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(영문) 수원지방법원 성남지원 2014.04.04 2013고단2976
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 12, 2011, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud and a crime of violating the Labor Standards Act at the Suwon District Court on May 2, 201, and the judgment became final and conclusive on May 20, 2011.

The Defendant is a person who operated D Co., Ltd. from October 2005 to March 2010, which is a company developing a computer system in Seongbuk-gu, Seongbuk-gu, Sungnam-si.

Around December 2, 2008, the Defendant: (a) was in the way of “G” model of the victim F’s operation in Seongbuk-gu, Sungnam-si; (b) the Defendant had no property at the time; and (c) from August 2008, the Defendant was unable to pay the employee’s salary due to the aggravation of the company’s finance; (d) even if the Defendant borrowed money from the victim, the Defendant did not intend or have an ability to return it; and (e) through a high school line H, the Defendant borrowed KRW 90 million from the victim to purchase materials for the supply of computers to the Multisi Hospital; and (e) borrowed KRW 50 million from the Multisi Hospital on February 2, 2009, and received KRW 40 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against the accused (including the F's statement in the second protocol);

1. The police statement concerning F;

1. Each loan certificate, certificate of delivery of goods, details of transactions, copies of each summary order, copies of each written judgment, and specifications of transactions by account;

1. An investigation report (to hear statements from the accounts of the multiple hospital and persons in charge of telephone service);

1. A complaint;

1. Previous convictions in judgment: Application of a copy of the judgment No. 2011No340 of the Criminal Records and Suwons Act;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing under the latter part of Article 37 and the main sentence of Article 39(1) of the Criminal Code for concurrent crimes have been partially returned to the victim, and this case is a crime of fraud on May 12, 201.

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