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(영문) 서울중앙지방법원 2017.07.12 2017고단2564
사기
Text

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

Reasons

Punishment of the crime

[criminal record] On March 27, 2008, the Defendant was sentenced to a suspended sentence of six months for embezzlement by the Seoul Central District Court, and the above judgment became final and conclusive on April 4, 2008.

[2] On February 2, 2008, the Defendant tried to establish a new factory and to produce a drilling and supply it to F or a well-known hotel in the victim E’s office under the Seoul Songpa-gu Seoul building’s underground “D” office around February 2008.

B. The loan will be made within the number of months on the one hand with the trust of 30 million won.

“The purpose of this is to make a false statement.”

However, at the time of fact, the head of the Tong used in arrears with the card payment was seized, and the defendant was tried for embezzlement of the amount of damage amount of KRW 36 million, and there was no plan to establish a factory at the beginning of the preparation for the manufacturing business of the memorial, and there was no contract for the supply of the relevant product to the F or the lux hotel, and there was no intention or ability to pay as agreed upon.

As such, the Defendant, by deceiving the victim and deceiving the victim to do so, shall be KRW 10 million on February 22, 2008 from the damaged party, and the same year.

3. On May 1, 200, KRW 100,000 and KRW 30,000,000 in total as a loan, including KRW 9 million around the 10th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the defendant in the protocol concerning the examination of the suspect against the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Complaint;

1. A investigation report (report on details of account transactions attached thereto) (No. 9) and the account transactions attached thereto;

1. A copy of the details of banking transactions (No. 2 once a net), a loan certificate (No. 3 times a net);

1. Previous records: The defendant's legal statement, inquiry letter, criminal history, and reply statement, investigation report (report attached to the judgment), and the application of Acts and subordinate statutes attached thereto;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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