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(영문) 서울중앙지방법원 2017.12.07 2017고단4786

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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 history] On November 18, 2015, the Defendant was sentenced to imprisonment with prison labor for 8 months and suspended two years on July 16, 2016 at the Seoul Central District Court, for a violation of the Act on the Punishment of Acts, Including Intermediating, etc. of Commercial Sex Acts (the brokerage, etc. of commercial sex acts).

[Criminal facts] The Defendant was the president of the business in the name of "G" located in Gangnam-gu Seoul Metropolitan Government F as an entertainment shop.

around July 2015, the Defendant may lend money to the Victim H, who was aware of the reputation at the mutual influent drinking house located in Gangnam-gu Seoul, to the victim H (such as entertainment receptions) with good performance (such as entertainment receptions) at present.

When a person lends money, he/she shall pay interest on each month, and he/she shall also pay the principal up to three months.

The phrase “ makes a false statement.”

However, even if the victim received money from the victim, he/she thought that he/she will be used for personal purposes, such as preventing him/her from returning his/her obligation without paying it to water or entertainment service provider. On April 30, 2015, since the above entertainment service provider was subject to control due to the suspicion of sexual traffic brokerage, it was difficult to find out financial circumstances. Therefore, the victim did not have any intent or ability to pay the principal or interest.

Defendant: (a) around July 16, 2015, KRW 2700,000,000,000 from the damaged person;

7.21.Around 21: 1.8 million won;

7.29. Minority KRW 2.7 million;

8.4. Minority KRW 5 million;

8.5. Minority KRW 1.8 million:

8.11. Minority KRW 4.5 million;

8.25. Minority KRW 4.5 million;

9.1. Minority KRW 5.5 million:

9.8. Minority KRW 5.4 million:

9. Around 30,000 won, and around 1040,000 won, around 30,000 won, were remitted to one bank account under the name of the defendant, respectively.

Accordingly, the defendant was given a total of 3,944,00 won by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each police suspect interrogation protocol against the accused (including the part concerning H's statement);

1. Details of account transfer, each receipt of loan, process deed, record book, loan account book, and transaction of passbook;

1. Each investigation report (the identity of the user of the money remitted, the defendant.