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(영문) 창원지방법원 마산지원 2017.07.11 2017고단374

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2015, the Defendant, at the victim E’s house located in Changwon-si, Changwon-si, Changwon-si D (2nd floor), may raise profits from 2 through 3 times within one month to the victim’s “F-based network company, if the Defendant has made an investment,” and may receive a separate payment of KRW 100 million.

If a loan is granted with a loan of KRW 26 million, the loan will be paid within one month, even if the loan is not paid even if the loan is not paid, the loan will be responsible for the payment of the loan and be repaid within one month.

The phrase “ makes a false statement.”

However, the Defendant had no property or particular income at the time, and was in bad credit standing due to the Defendant’s failure to repay KRW 50 million, such as financial rights, etc., and was in need of investment 2.60,000,000,000 to F, and was attracting only the priority investors after the lowest grade 1 level of 1,60,000,000 won of investment was required by investing in F, and the higher grade of investors in need of high-level 4,000,000 won was not induced, and even if the Defendant subscribed to the higher grade 4,00,000,000 won of investment from the damaged party, the possibility of raising 10,000 won of the above investment was uncertain after paying the investment, and thus, there was no intention or ability to pay the investment 2,3 times or 100,000 won of the money, even if he/she borrowed the money from the damaged party.

The Defendant received from the injured party the remittance of KRW 26 million to the company bank account (G) in the name of the Defendant at the location of the Haak-dong, Gyeongwon-si, Changwon-si and 215 of the same day from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (two times);

1. Each prosecutor’s statement with regard to H and I.