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(영문) 서울중앙지방법원 2014.12.02 2013고단7256

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays the amount of KRW 160 million to the applicant for compensation.

Reasons

Punishment of the crime

On July 27, 2011, the Defendant told the victim C of the second floor office of the Geumcheon-gu Seoul Metropolitan Government FF building to the effect that “The expenses are needed to return to the Republic of Korea hydroelectric Energy in order to receive hydroelectric power.” The Defendant borrowed the test money to be paid immediately within the two months.

However, at the time of fact, the Defendant was liable for the amount of KRW 50 million, and was intended to use the said amount for other purposes, such as living expenses and deposit for lease on a deposit basis. Therefore, even if the said amount was received from the victim, there was no intention or ability to repay it to the victim.

The Defendant, as such, deceiving the victim and deceiving it from the victim, and five million won on the same day, and the same year.

8.4.3 million won, the same month;

5. 20 million won, 24.30 million won in the same month, 25.20 million won in the same month, and the same year.

9. On November 19, 200, KRW 50 million was delivered respectively to the Defendant’s account under the name of the Defendant, and on November 19, 200, KRW 160 million was delivered to the Defendant’s employees G to receive KRW 5 million in cash.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol of the examination of suspect against each of the accused by the prosecution (including the whole part of theC);

1. Protocol concerning the examination of suspect of G;

1. Application of Acts and subordinate statutes on transfer details;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 25 (1) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. The defendant and his defense counsel's assertion on Article 31 (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Declaration of Provisional Execution (hereinafter "Special Cases Concerning the Promotion, etc. of Legal Proceedings"), the defendant borrowed money from the victim at the time of the loan of this case, stating that he will use it for personal purposes, and subsequently, the defendant could not repay the borrowed money because he did not receive any profit while performing

The records of this case are examined.