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(영문) 서울중앙지방법원 2015.12.29 2015고단750

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment at the Incheon District Court for fraud, and the said judgment was finalized on January 13, 2015. On April 7, 2015, the Seoul Central District Court sentenced one year of imprisonment for the same crime, and the said judgment became final and conclusive on June 18, 2015.

On January 20, 2014, the Defendant stated that “A Co., Ltd. D” office located in Gangnam-gu Seoul Metropolitan Government on January 20, 2014, the Defendant, via E, held 49% of the D’s stocks in which he/she performs a hotel hotel and leisure business in the Philippines, and actually operates the company. The said company’s sale of the Republic of Korea is excellent and profits are high. In addition, if a loan is made by a lending company operating funds personally, the Defendant made 2% interest per day and the principal would be repaid within three days upon request.”

However, the Defendant merely received 49% of the shares from G, the representative director of the said company, and did not actually operate the said company. Moreover, it was impossible to predict the possibility of sale and the timing and prospects for the said company’s business to sell membership tickets, such as the Philippines hotel, etc., and it was impossible to predict. Moreover, part of the money borrowed from the victim was already used to repay the money borrowed from another person by way of preventing the return of the borrowed money, and the Defendant did not have the intent and ability to repay the principal and interest properly even if it borrowed money from the victim due to no particular

As such, the Defendant, by deceiving the victim as such, received from the victim a remittance of KRW 22,400,000 from the Defendant’s account on January 20, 2014 and received from the victim as a remittance of KRW 22,40,00.

2. Until June 2, 200, a total of KRW 160,000,000 was given over 10 times as shown in the annexed list of crimes.

around November 25, 2014, the Defendant of the Seocho-gu Seoul Metropolitan Government H building No. 506, and the facts do not belong to the Defendant.