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(영문) 서울중앙지방법원 2014.09.18 2014고단3223
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 22, 2013, when the Defendant came to know of the fact that the Victim C, who was aware of in the course of the introduction of his branch, was the administrator of the (ju) D and was seeking to find the assignee of the said company, the Defendant made a false statement that “Around February 22, 2013, at the victim’s office located in Chungcheongnam-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, there is KRW 1 billion deposited in New Zealand for the establishment of a corporation, and the Defendant recovered the funds. When seeking money, the Defendant made a false statement that “A loan 20 million won as the expenses for taking women from New Zealand and the expenses for collecting deposits are needed.”

However, the fact that the deposit money for the establishment of New Zealand was made by the Defendant F from the Defendant’s seatless G from the Defendant’s seatless G, and no entity was confirmed, and there was no doubt or agreement on the fact that the Defendant used the deposit money between G and the Defendant, the owner of the deposit money, and there was no possibility of making investments in D.

Nevertheless, on February 22, 2013, the Defendant: (a) by deceiving the victim; (b) obtained transfer of KRW 10 million from the victim to the post office account (H) under the name of the Defendant on February 22, 2013; and (c) obtained money for visiting New Zealand and for returning deposits for incorporation.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of a witness I;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of the suspect against the accused (including the fifth, C, and I large part);

1. Application of Acts and subordinate statutes to investigation reports (related to failure to submit details of the use of the expenses for liquidation of a corporation by New Zealand);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the same Act (Selection of a fine in consideration of the fact that the defendant has paid the victim KRW 10 million during the trial of this case and has recovered from all damage and the health of the defendant is not good);

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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