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(영문) 수원지방법원 안산지원 2018.11.28 2018고단2600
사기
Text

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

Reasons

Punishment of the crime

On April 2017, the Defendant’s general manager in charge of the funds of the Victim B Co., Ltd. in a remote area that does not exceed the early booming police officer, who tried to carry on the same business with a new corporation.

To operate a new partnership corporation and factory that has been operated within the original company D, the paper of the factory shall be disposed of as a security deposit for factory lease in D, and the money shall be repaid one week after lending it.

If a person fails to pay the money, he/she made a false statement to the purport that he/she shall be repaid even if he/she speaks with his/her father.

However, in fact, as the Defendant suspended the operation of a gold-type factory by receiving investment from D, and the Defendant suspended the operation of the above factory, the Defendant did not operate the factory any longer under the condition that E, a defective company, who is obliged to pay KRW 130 million to pay the above KRW 130 million to D instead of Defendant, and was unable to operate the factory on the condition that E, and there was no fact that the above factory would operate it as E and E, and there was no intention or ability to pay the loan even if the Defendant received the loan from the victim, because it was unable to make the loan through his father, etc. with only a debt of at least KRW 50 million without any particular property at the time.

Nevertheless, on April 16, 2017, the Defendant deceiving C, who is a director of the victim company, and then was transferred KRW 10 million to the victim company through the G bank account in the name of the F bank bank account in the name of the F bank corporation, KRW 2 million via the Defendant’s her father’s h bank account in the name of the I bank account in the name of the F bank, and KRW 13 million through the F bank account in the name of the F bank account in the name of the F bank on April 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement by C in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Results of inquiry into the details of transactions of deposits and withdrawals (I Bank);

1. Investigation report (in case of a witness D company J telephone investigation);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by K for reference);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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