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(영문) 서울중앙지방법원 2017.03.14 2016고단6999

사기

Text

Defendant shall be punished by a fine of 20 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 25, 2015, the Defendant lent money to the victim G in the Seocho-gu Seoul E Building In the F Office for the Promotion of the Development Project in the International Urban Development Project Co., Ltd., which is in operation in Seocho-gu, Seoul, to use the money to lend it to the victim G during the implementation of the Jriart Development Project, which is a complex Liart in the land of the International Urban Development Project, and to pay the money to October 20, 2015 and to give the right to vicariously execute the advertisement business with respect to the said

It was also authorized as to the hotel business.

“Falsely speaking, and preparing a written contract for advertisement business agency with such content, thereby making it more reliable to its purpose.”

However, in fact, around August 27, 2015, the defendant applied to the recruitment for the selection of a casino developer of the Ministry of Culture and Sports division with the Ministry of Culture and Tourism's casino development business operator, but went away, so it was not possible for the victim to exercise the right to vicariously engage in advertising activities related to the combined cooking business. There was no fact that the defendant obtained the authorization for the hotel business, and there was no other property and there was no ability to pay the loan from the victim within one month because the defendant did not have any other property and is in arrears with the amount of one billion

Nevertheless, on September 25, 2015, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the Han Bank Account (L) account (L) in the name of K, which is an employee of the Defendant’s company, around September 25, 2015, and acquired a total of KRW 213 million from the Si to October 23, 2015, as shown in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement of the witness M;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. A complaint, details of deposits, an agreement on behalf of an advertising agency, and the application of Acts and subordinate statutes on loan receipts;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment order is issued for the reasons under section 334(1) or more of the Criminal Procedure Act;