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(영문) 인천지방법원 부천지원 2018.07.12 2017고단2966
사기
Text

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

Reasons

Punishment of the crime

On March 13, 2017, the Defendant acquired a plastic patent by acquiring the company called “F from E to work as a general manager” at an article restaurant in Ansan-si operated by the Victim C around March 13, 2017, the Defendant would be able to receive a subsidy of KRW 2 billion from the Small and Medium Business Administration because it would be able to receive a loan of KRW 50 million from the Small and Medium Business Administration.

The phrase “ makes a false statement.”

However, in fact, even if the defendant acquired the above E company's non-employee E and received 2 billion won funds from the Small and Medium Business Administration by acquiring the E company's capital, he did not have the right to receive the funds, and since he did not have any other income or property, even if he received 50 million won from the injured party, he did not have the intent or ability to pay the money until the date of the promise.

The Defendant received KRW 50 million from the damaged party to G’s account (H) in the name of the F acceptance fund.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, I, and G;

1. Application of Acts and subordinate statutes to the details of account transactions, verification of transaction details, copies of passbooks, and credit information inquiries;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, and the defendant's reasons for sentencing of imprisonment with prison labor are recognized to mislead and reflect.

However, active deceptions, the victim did not completely recover from damage, even though the amount of damage was 50 million won, and the defendant received 50 million won as the acquisition fund, and used all personally after taking account of the amount of fraud, motive for the crime, method of the crime, circumstances after the crime, etc., the punishment as set forth in the Disposition shall be determined as follows.

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