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(영문) 대전지방법원 2017.06.14 2017고단357
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an operator (State) D, (State) E, F, etc. who is a broker for used cars.

On October 11, 2015, the Defendant: (a) at H coffee shop located in Daejeon Seo-gu G around 15:00, the Defendant: (b) “The monthly sales amount to KRW 200,000,000 per month to the victim I, “D, (ju), E, and (ju) F, etc., a used vehicle intermediary operating in the inside and outside of the Republic of Korea, are the companies with a benefit of KRW 200,000 per month, even if the Defendant paid profits to investors, such as J, K, and L.

In addition, around December 2015, a new-born capital company called "M" will make an investment of KRW 1.7 billion.

When investing KRW 500 million, the profit of KRW 10 million will be paid every month.

“Around 19:00 on October 14, 2015, at the Defendant’s office located in N, the Defendant provided a report on the current status of sales, assets, and liabilities, stating that D et al., operated by the Defendant for each month, would benefit of KRW 10 million.

However, the facts were recorded and recorded (ju) D et al. operated by the Defendant, and the above report was also a report in which M lending liabilities amounting to KRW 72 million and Hyundai Capital, etc. were omitted, and it was a situation in which it is impossible to receive an investment of KRW 1.7 billion due to the lack of establishment of the new capital company.

Nevertheless, on October 23, 2015, the Defendant acquired KRW 75 million from the victim of the false horses, etc. (P) via one bank account in the name of J on the same day, KRW 25 million from the national bank account in the name of J on October 29, 2015, KRW 100 million from the above one bank account on October 30, 2015, KRW 75 million from the above one bank account on October 30, 2015, KRW 25 million from the other bank account in the name of L, and KRW 30 million from the money transferred to the above one bank account on October 30, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness I, L and S;

1. Application of Acts and subordinate statutes to the accused, J, or L concerning the interrogation of suspects of MM to the public prosecutor

1. Article 347(1) of the Criminal Code of MU as to the facts constituting the crime (the choice of imprisonment)

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