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(영문) 서울동부지방법원 2016.09.01 2016고단2158

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 26, 2009, the Defendant, at a restaurant operated by the victim'sO located in Gangdong-gu Seoul Metropolitan Government N, issued a printing office to the victim as if he was the representative of the company exporting herb materials, and made a false statement to the victim that "if 30,000 won are invested in the new shares issued by the new shares in his company, 10 million won shall not be at issue after one year after the new shares are issued by his company)," and that the victim made an investment with the director-general of the securities bureau, and the victim again made an agreement with the owner of the new shares, and the amount of one unit must be deposited once in the victim again. On the other hand, even if the deposit of 15,00,000 won is made, it would be returned to the down payment for the building sale in front of the new shares owned by him."

However, the defendant did not own the company and building, and even if he received the above money from the victim, he did not have the intention or ability to return it.

The Defendant, as such, by deceiving the victim, received KRW 15 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning theO;

1. Application of Acts and subordinate statutes to deposit money;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, consideration of the same kind of reason for sentencing of imprisonment, and the failure to recover from damage, etc.