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(영문) 서울중앙지방법원 2017.01.10 2016고단2401

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 10, 2014, at the victim D's office located in Gangnam-gu Seoul Metropolitan Government on July 10, 2014, the Defendant prepared to take over the victim's "Seoul Gangdong-gu E to 2.5 billion won," and to provide the bond company with a letter of subrogation repayment guarantee as security at the NA branch office in Seomunmun-gu, Seoul and to pay the acquisition price by borrowing 3 billion won.

On July 30, 2014, when lending KRW 30 million, the principal shall be paid twice the principal, and thereafter the foundation shall hold the position of the director of the Foundation to F who is the partner of the injured party after taking over the foundation.

“.” The purport was “.

In fact, however, there was no promise from financial institutions to issue a letter of subrogation payment undertaking, and there was no other way to prepare E's acceptance price, so even if the money was borrowed from the injured party, there was no intention or ability to pay the money.

On July 25, 2014, the Defendant: (a) by deceiving the victim; and (b) obtained from the victim, a copy of the check from the victim himself/herself as the borrowed money from the above office on July 25, 2014; and (c) acquired 30 million won from the victim with the face of KRW 1,5 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police against the defendant (including D or F's statement);

1. Statement made by the police with regard to D or F;

1. Complaint;

1. A copy of a text message;

1. Application of Acts and subordinate statutes to each investigation report (a statement to issue a certificate of subrogation performance and a report to confirm the expiration of the term of punishment for Defendant A);

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. The reason for sentencing Article 35 of the aggravated repeated crime Article 35 of the Criminal Act is that the defendant acquired a large amount of money from the injured party during the period of repeated crime, and that the defendant did not return the remainder of KRW 20 million to the injured party, the defendant shall be sentenced to the punishment against the defendant.

However, the defendant also received money from the non-party G.