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(영문) 창원지방법원 2016.08.12 2016고단754
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is the representative director of corporation D, the purpose of which is to create an industrial complex and sell in lots, etc. in Dao-si, and the victim E is the representative director of corporation G, the purpose of which is to extract and sell aggregate in Seongdong-gu F shopping district in Changwon-si.

D Co., Ltd. entered into an agreement with G Co., Ltd. on the remaining soil treatment of the I complex that was conducted by D at H Day in Sari-si, Inc. on December 2012.

On March 15, 2013, the Defendant made a false statement to the victim at the G Office of Co., Ltd., Ltd. operated by the injured party 605, Seongdong-gu, Sungwon-si, Sungwon-si, Sungwon-si, that “The I complex is completed, and the I Complex is required to carry out its business.”

However, in fact, even if the victim borrows money from the victim, it was thought that it was used for personal purposes, such as bank loans and payment of living expenses for women within the country, and there was no intention to use it in relation to the I complex.

The Defendant received from the injured party a total of KRW 100 million around March 15, 2013, KRW 100 million around July 9, 2013, KRW 100 million around July 10, 2013, and KRW 100 million around July 10, 2013.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to the prosecutor by the J;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made to K in the police statement;

1. Determination on the details of each passbook transaction and the assertion by the defendant and defense counsel

1. The defendant merely borrowed 300 million won in personal use to the victim because the victim of the gist of the claim has a sufficient amount of KRW 500 million to the defendant, and the defendant merely borrowed 300 million in personal use to the victim, and the defendant did not borrow money under the pretext of business promotion expenses for the I's business (hereinafter "the business of this case"). Thus, the defendant did not deceive the victim.

2. The victim of the judgment is "the defendant of this case" at the investigative agency.

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