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(영문) 대전지방법원 2014.02.20 2013고단2868
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a real operator of C Co., Ltd. established for the purpose of collecting scrap iron.

1. On March 1, 2011, the Defendant embezzled investment funds, at the above company office located in Jung-gu, Daejeon, Daejeon, Daejeon, the Defendant received from the victim E a deposit account in the name of the national bank in the name of the Defendant for investment funds, “The Defendant may enjoy a considerable amount of profit from importing vehicle engines and waste drums, and then separating, extracting, and selling alkinium. The Defendant invested KRW 150 million with the purchase price of goods, such as end engines, and separately manages the investment funds and profits, and left the profits equivalent to KRW 30 million with the profits equivalent to KRW 30 million, and the principal shall be returned by November 201.” The Defendant, at his own discretion, embezzled the funds from the victim with the deposit account in the name of the Defendant for the national bank in the name of the State, which was managed by the Defendant for the purpose of investment funds, with the total amount of KRW 150 million,000,000,000,000,00 won, including the victim’s funds.

2. On September 23, 2011, the Defendant: (a) at the office described in paragraph (1) around September 23, 201, told the victim E to the effect that “I will pay back the borrowed money if I lend the borrowed money.”

However, at the time, the (State)C operated by the defendant was unable to dismiss the enemy, and there was no property or income from the defendant individually, and there was no intention or ability to pay the money properly even if the defendant borrowed money from the victim.

Nevertheless, as above, the Defendant received the victim’s false statement, and received the amount of KRW 15 million on September 30, 201, KRW 10 million on the same day, KRW 12 million on September 30, 201, and KRW 12 million on October 12, 201, respectively, from the Defendant, to the national bank bank account in the name of H managed by the Defendant for the purpose of borrowing money from the victim. The Defendant received KRW 15 million on the same day as the national bank account in the name of H managed by the Defendant, and acquired the total amount of KRW 52 million on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness I and E, respectively.

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