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(영문) 서울중앙지방법원 2016.04.19 2015고정4845

사기

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant: (a) at the Mayang-si station shop in the Goyang-gu, Goyang-si; and (b) at the victim J, “The Defendant has operated the I money in many places.”

A loan of KRW 20 million to that person for a security deposit may be made in the name of the president of the marina shop operated by I, and shall be made in the name of the president of the marina shop operated by I, and shall be paid KRW 3 million per month.

If I fails to comply with the promise, it will return 20 million won on behalf of the internal government.

“The transfer of KRW 4 million on December 23, 2013 and KRW 20 million on December 26, 2013 to the Defendant’s account as a deposit deposit amount, and was transferred KRW 26 million on December 26, 2013 to the Defendant’s account under the pretext of introduction.

In this regard, in the past, the Defendant had been punished twice as a crime of fraud because he did not comply with the promise by receiving the introduction fee by being employed as the head of the massage practice center in the past, and the Defendant had been well aware that there is a high possibility that the commitment would not be implemented if he receives the deposit or introduction fee for the disabled, such as the president of the place of massage practice or the place of marina practice, etc., and then, he would guarantee the income in the form of giving a certain amount every month.

On the other hand, the defendant did not confirm whether I could transfer the name of the business license to a third party and pay 3 million won per month in return. Around that time, there was no particular property. On the other hand, the defendant could not pay 20 million won as security deposit if I did not comply with the promise because I reached 60 million won.

Nevertheless, the defendant, by deceiving the victim in the above manner, acquired the total of 22 million won under the name of deposit and introduction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Details of accusation, admission and withdrawal;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (a punishment.