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(영문) 서울북부지방법원 2013.11.14 2012고단2840

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around December 19, 2011, the Defendant made a false statement to the victim D that “in the singing room located in Gangnam-gu Seoul Metropolitan Government, he/she accepted the singing room. He/she also made a false statement to the victim D, that “I will pay a half of the profits of the singing room if the Defendant made an investment of KRW 30 million to B. If the settlement of the investment amount is requested, it will be returned within 30 days.”

However, in fact, the Defendant was not the owner of the above singing room, and the monthly sales of the said singing room are merely 8.5 million won or 9 million won, and the Defendant did not have any particular property, while the Defendant is obligated to pay 30 million won or more to E, who is the owner of the said singing room, with operational profits, the Defendant paid 4 million won or more per month to E, who is the owner of the said singing room, and paid 4 million won or more to the other investors, and the repayment of the obligation is not different. Accordingly, the Defendant did not have any intention or ability to pay 8.5 million

As above, the Defendant was issued a cash of KRW 16930,000,000 on December 19, 201, in the name of a national bank account (Account Number G) in the name of the Defendant as investment money from the victim and received KRW 1070,000,000 from the victim around December 19, 201, and around December 19, 201.

2. On March 16, 2012, the Defendant concluded that “The Defendant would immediately withdraw from the head of the Tong on March 19, 2012 and make repayment of KRW 3 million,00,000,000,000,000,000,000,000,000,000 won, which was sealed by the

However, the defendant had no intention or ability to repay the above money in time even if he borrowed the money from the victim because there was no particular property and no certain income from the defendant around that time.

As above, the Defendant received 3 million won from the victim with a false statement and received money from the victim to the above national bank account on the same day.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution (including DNA statements);

1. Statement of police statement of D or E;

1. Application of the Acts and subordinate statutes on the entry of bankbooks;

1. Criminal facts;