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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단817
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall pay 143,400,000 won to the applicant by fraud.

Reasons

Punishment of the crime

On August 2010, the Defendant made a false statement that “The Defendant applied for a loan or subsidy to the Korea Technology Finance Corporation, which would have been urgently needed,” to the victim D at the F Office of the F Office of the Defendant’s operation in the Seo-gu, Seoyang-gu, Seoyang-gu, Busan, Seoyang-gu.”

However, the defendant did not have any intent or ability to pay the debt amounting to KRW 2 billion in the course of operating the FF, even if he did not pay the debt amount to the damaged party, even though he did not have any intention or ability to pay it.

Around August 17, 2010, the Defendant: (a) by deceiving the victim as above; (b) around September 17, 201, the Defendant was issued KRW 30 million with a passbook in the name of the Defendant to the National Bank; (c) KRW 30 million around September 17, 2010; (d) KRW 20 million around September 28, 201; (e) KRW 25 million around December 16, 201; and (e) KRW 38.4 million around January 14, 201; and (e) KRW 143.4 million in total on five occasions, including KRW 38.4 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the suspect against the defendant prepared by the public prosecutor;

1. Each legal statement of witness D and G;

1. Written statements (including accompanying documents, and net 24);

1. Application of Acts and subordinate statutes to each agreement, inquiry about details of transactions, copies of passbooks, details of passbooks, transaction records, recording records, corporate register, certified copies of corporate register, details of transactions, tax invoices, and transaction statements;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Determination on the Defendant and defense counsel’s assertion under Article 25 of the Act on Special Cases concerning the Promotion, etc. of Litigation for Compensation Orders

1. The alleged defendant and his defense counsel did not deceiving the victim, and the defendant paid KRW 300 million to H Co., Ltd. (hereinafter “H”) operated by the victim at the victim’s request, and the victim paid the amount of KRW 300 million as stated in the agreement with the victim to F Co., Ltd. (hereinafter “F”). The victim later paid the amount of this case by returning the above KRW 300 million.

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