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(영문) 광주지방법원 2015.06.18 2015고단343
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant made a false statement to the victim C on the D Building in Gwangju-gu, Gwangju-gu, stating that “The operating fund is insufficient to operate an agency with the total sales right in Gwangju, Jeonnam, Jeonbuk-gu, and Jeju-do area of the solar business chain E. The Defendant will only use and make a full payment for one month if he/she lends the amount of KRW 10 million. If he/she fails to pay the money after one month, he/she will transfer the said total sales right.”

However, in fact, the local agency contract entered into with the defendant in the Dispute Resolution Co., Ltd. was destroyed in fact by the defendant's failure to pay the intermediate payment of KRW 70 million to the Dispute Resolution Co., Ltd., and at the time, the defendant was liable for the debt equivalent to KRW 47 million, while the defendant did not have any special asset or any particular revenue source, and even if he borrowed KRW 10 million from the victim, he did not pay it within the agreed date or did not have any intent or ability to transfer the total sales right to the plaintiff.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim, to the Agricultural Cooperative Account in the name of Park Jong-dong, the defendant, who is the child of the defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the suspect examination protocol of the accused by the prosecution;

1. Statement to C by the police;

1. Each investigation report (F statement confirmation, adjustment of account transactions, failure to submit a lease contract);

1. A list of transactions in free savings;

1. Application of Acts and subordinate statutes to the copies of a certificate, local agency contract, notarial deed and a statement of deposit and withdrawal;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. On July 10, 201, the Defendant for reasons of sentencing in Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence is sentenced to a fine of KRW 1 million at the Gwangju District Court on the same offense and the criminal records of the same fine are added once more.

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