beta
(영문) 서울중앙지방법원 2013.12.06 2013고정1493

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

At around 17:00 on August 7, 2009, the Defendant stated that “At the office of Dental Institute operated by the Defendant in the Daegu Suwon-gu C2, the number of students is 40,00, and there is a possibility that the number of students will be increased in the future, and the business prospects will be revealed. (b) On the investment to the Defendant, the Defendant would pay KRW 1.5 million per month of the investment profits by expanding the business of a private teaching institute.”

However, the Defendant, as a bad credit holder, was unable to pay the purchase price of the Private Institutes Advertising Complex, was unable to receive an investment payment from F and G, and there was no intention or ability to pay the investment return even if the Defendant received the investment payment from the victim, such as the lending of unreasonable money from others without any particular property and the punishment of the withdrawal business.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 30 million won as investment money from the victim in the same place, and obtained it from the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Each prosecutor's protocol concerning suspect interrogation of the accused (including E part of the interrogation protocol of the second suspect);

1. An investigation report (referring to a report on hearing statements of a witness H);

1. Application of Acts and subordinate statutes to the complaint (including attached data);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.