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(영문) 창원지방법원 2019.07.11 2018고단2279
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 9, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Changwon District Court on April 201, and the judgment was finalized on May 12, 2018.

The Defendant is a person who operates “B” established for the purpose of producing electrical and electronic parts, and has been in close relation to “B” with the victim D who came to know at C meetings around 208.

Around December 3, 2014, the Defendant stated to the effect that “the Defendant would pay a company material price to the victim soon if it is urgently required, 40 million won or more,” but in fact, the Defendant was liable to pay a company material price to the victim at the time, and there was no think that it would be used as material price, even if the Defendant borrowed money from the victim, there was no intention or ability to pay it.

As above, the Defendant, by deceiving the victim, received KRW 35 million from the victim to the Defendant E (F) account. From that time, the Defendant received KRW 176 million in total nine times from the time to November 7, 2016, as shown in the separate crime list, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution (including the statement in D);

1. Details of transactions by passbook, copies of passbooks, certificates of account transactions by account, detailed statement of deposit transactions, certificates of request for remittance, credit information history, credit information certificates, each liability certificate, recording data, and text message;

1. Previous convictions in the judgment: Criminal records, copies of the judgment, the defendant's assertion of the case agreement assistant, and the defendant's judgment on this issue are the fact that the defendant received a total of KRW 176 million from D nine times in total, but it is invested by the defendant in order to enjoy the benefit therefrom when D is registered as a cooperation company of G Co., Ltd.

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