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(영문) 서울중앙지방법원 2018.01.26 2016고단475
사기
Text

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

However, the execution of the above punishment 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 around November 2009, at a mutual influent restaurant located in Seocho-gu Seoul Metropolitan Government Seocho-gu, the victim B, “The Internet registration system has been implemented, and a corporation operating within the Republic of Korea has developed the Internet registration system that can be registered on the Internet, and may impose money in connection with the registration of the office of a certified judicial scrivener operated within the Republic of Korea.

As a plan to increase capital for a stock company C’s stocks with compensation, it is false to mean “acquisition of stocks by investing them,” and it was issued 40,000,000 won to the E bank account of the victim as the price for the increase of capital on December 9, 2009 from the injured party.

However, at the time of fact, since the D Judicial Scriveners Office or C corporation operated by the defendant was extremely difficult to operate it, even if the defendant received 40,000,000 won from the injured party as the price for the capital increase from C as above, he thought that he would consume it as the expenses for the operation of the D Judicial scrivener office of the defendant, so that he did not have the intent and ability to use it for the capital increase for the consideration of C

After all, the Defendant deceivings the victim as above, and received 40,000,000 won from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and F;

1. To make a statement to the accused in part of the protocol of interrogation of the suspect to the prosecution once;

1. Entry of the defendant in part of the protocol of interrogation of the suspect to the prosecution two times against the defendant, and entry of B;

1. Statement made by the police against B;

1. Complaint;

1. A copy of the B statement;

1. Application of Acts and subordinate statutes to the shareholder list, corporate registry copy, and e-mail output;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (not agreed with the victim, but the motive and circumstance of the crime, and Article 62(1) of the Criminal Code G Defendant, a corporation established for the same business purpose after the instant crime, is the same as C’s business purpose.

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