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(영문) 춘천지방법원 2018.04.16 2017고단1372
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2016, the Defendant established and operated the victim E jointly with the victim E at the D Hanwon located in Seongdong-gu Seoul Metropolitan Government around July 20, 2016. The Defendant may receive a loan of KRW 100 billion at a commercial bank’s annual interest rate of 8% per annum in a commercial bank, and if so, the amount of KRW 1 billion in the capital for the establishment of the company is required.

The basis for investing KRW 600 million is to invest KRW 400 million.

In doing so, the remainder of the profit after the incorporation of the company after deducting the interest of the company from the interest of the company was made false statement that b) would have divided b) by the proportion of 6:4.

However, as seen above, the Defendant did not have a capital to make an investment in order to establish a company. Rather, the Defendant was obligated to pay more than KRW 700,000 to financial institutions, and was thought to use money from the damaged party due to the lack of the ability to obtain a loan of KRW 100,000,000, such as repayment of interest on existing loans, living expenses, etc., and did not have an intention or ability

Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim on July 27, 2016; (b) obtained the total amount of KRW 220 million from transfer to the same account around August 17, 2016; (c) KRW 150,000,000 from one bank account in the name of F; (d) around August 17, 2016; and (e) KRW 20,000,000 from the same account around December 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the details of each financial account transaction (for a net time 2.8), all registered documents, certificates of access to agricultural cooperatives under the name of the suspect, details of securities account under the name of the suspect, inquiries about loan performance, personal credit report, F financial statements, and tax adjustment invoice;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is about the defendant's expertise.

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