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(영문) 춘천지방법원 2018.07.04 2017고단940
사기
Text

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

Reasons

Punishment of the crime

The Defendant is a person who operates a company called “B” (hereinafter “B”), and the victim C is a person who operates an electrical construction business called “D” (hereinafter “D”).

On June 2015, the Defendant may give the victim an order for landscaping, miscellaneous works, and electrical construction at the Eca shop in the Ecalet shop located in Switzerland (hereinafter referred to as the “Sacheon-si”) with “F-do Women’s General Chairperson,” which is well known. However, there is a need for proof of balance of deposit in B, thereby returning KRW 35 million to the Defendant.

“.....”

However, at the time, the Defendant was not well aware of F&D officers, and the credit rating of the Defendant was not higher than 9 degree, and even if the Defendant received money from the injured party due to its financial standing, the Defendant did not have any intent or ability to receive money from the injured party.

The Defendant, as above, deceiving the victim and deceiving the victim, 30 million won in the account (G) in the name of B around June 29, 2015, under the pretext of borrowing from the victim.

9. Around 17. Around 19.20, a total of KRW 35 million, including the H bank account (I) in the Defendant’s name, was remitted.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Statement C made to the accused in the protocol of interrogation of the police suspect (two times, replacement of the accused);

1. Statement by the police against C and J;

1. C Complaints;

1. Certified copy of the corporate registry (stock company B), certified copy of the corporate registry (stock company D), separate accounting information, detailed statement of deposit transactions, investigation report (B's investigation), field photographs, investigation report, inquiry into the credit rating of the suspect), official text requesting credit information and response Acts and subordinate statutes shall apply;

1. Determination as to the Defendant’s assertion of a sentence of imprisonment with prison labor under Article 347(1) of the Criminal Act and Article 347 of the same Act regarding criminal facts

1. The Defendant asserted that the Defendant had the victim provide smart iond business consulting services, and 35 million won, such as the down payment, etc. among them.

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