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(영문) 서울중앙지방법원 2018.08.21 2018고단3124

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 19, 2015, the Defendant was sentenced to a suspended sentence of two years in the year and six months of imprisonment for fraud at the Jung-gu District Court, which became final and conclusive on June 27, 2015.

[2] The Defendant is a person who operates an online product sales company Co., Ltd., and around May 2014, the victim E in the office of the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., and the investor “F” is to lend KRW 100 million to the Dispute Resolution Co., Ltd. and to receive interest of KRW 300,000 per month.

Dr. The interest of KRW 1,200,000 per month shall be paid to the LOBC, if it is lent to the LOBC.

“A false statement” was made.

However, the fact that the defendant did not make profits while operating the Dispute Resolution Co., Ltd., and therefore, he did not give a proper interest to G (one person F) who lent KRW 100 million to the Dispute Resolution Co., Ltd., and even if he received money from the injured party, he did not have an intention or ability to pay the interest to the injured party, and the amount received from the injured party tried to use it for other purposes, such as repayment of debt, not business operation funds.

The Defendant, as such, by deceiving the victim, received KRW 22,30,000 from the victim, to the national bank account in the name of the bank in the name of the Dispute Resolution Co., Ltd., and transferred KRW 12,70,000 to the bank account in the name of H(I).

Accordingly, the defendant, by deceiving the victim, acquired 35 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to E and J;

1. Complaint;

1. The details of transactions in our bank accounts by H and complainants, the detailed statement of damage transfer, the detailed statement of transactions in the name of the bank accounts in the name of the bank resolution committee, the net profit per C, and a contract of monetary consumption lending and lending;

1. Previous convictions: Inquiry of criminal history data and application of Acts and subordinate statutes to investigation reports (Attachment of cases of fraud by suspect);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;