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(영문) 서울동부지방법원 2015.06.17 2014고단3484
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On August 29, 2013, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the said judgment became final and conclusive on September 6, 2013.

The Defendant was the de facto representative director of C (State). On January 2, 2010, the said company reached the amount of KRW 600 million for obligations, such as bonds and bank loans, and the fixed expenditure cost of KRW 5.8 million per month, including interest on loans, has deteriorated due to the aggravation of the financial situation, such as the increase of the monthly financial situation from the amount of KRW 30 million, and the said company issued the check of the number of shares under the name of the said company and discounted the discount and settled another check of the number of shares on November 22, 2011.

In the above circumstances, the defendant did not have any intent or ability to repay even if he borrowed money from others.

Nevertheless, on July 11, 201, the Defendant received KRW 12 million from the victim’s bank account (Account Number F) in the name of the Defendant’s E-mail on the same day from the victim, and received KRW 240,59 million in total from the victim as the loan money, from the victim, at the site of the construction of the Sincheon-si Factory Construction Corporation in the Sincheon-si New Factory Construction Corporation in the Sincheon-si, the Sincheon-si, the Seoul Special Metropolitan City, and the victim D. to the effect that “I will receive the payment of the cost of construction if I would not pay the cost of construction. I would have borrowed the surplus money.”

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of witness D;

1. Some statements made by each police suspect interrogation protocol against the accused and the second suspect interrogation protocol of the prosecution;

1. A copy of a promissory note (0 million won settlement), a statement of transactions of each self-reliance deposit, a copy of a promissory note (0 million won settlement per day), a statement of transactions of automated instruments, a copy of the statement of transactions, or

1. Before judgment: Criminal records, investigation reports (report on confirmation of the results of judgment), and written judgments;

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