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(영문) 수원지방법원 성남지원 2015.10.29 2014고단875
사기
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

Around April 2012, the Defendant and D stated, “The victim E is expected to undertake a paint work in the size of KRW 300 million at the hotel located in Chinese roadside, and if the business fund falls short of the business fund, the Defendant will pay 20% of the equity interest if they lend money.”

However, the Defendant and D did not have been ordered to pay 300 million won or more from the Chinese roadside. Therefore, even if they borrowed money from the victim, they did not have the intent or ability to repay it, and there was no 20% of the shares in the above construction.

On April 28, 2012, the Defendant, in collusion with D, received KRW 477,00 from the victim to the Agricultural Cooperative Deposit Account in the name of D, under the name of F, as the air charges of China around April 28, 2012, and received KRW 14,497,00 in total 15 times from May 11, 2013, as shown in the separate crime list, from around 15 times as shown in the separate crime list.

Summary of Evidence

1. Each legal statement of the defendant and D;

2. Legal statement of witness E;

3. Application of the details of transactions of self-reliance deposits and investigation reports (attached to receipts for account transfer filed by the complainant) statutes;

1. Relevant provisions of Article 347 (1) of the Criminal Act concerning the facts constituting a crime (the amount of punishment is relatively small, and a fine is selected in consideration of the fact that an agreement has been reached with the victim);

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

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