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(영문) 서울남부지방법원 2017.01.20 2016고단1903

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Records] On March 30, 2016, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment with prison labor due to an illegal criminal act in the Seoul Central District Court, and the said judgment became final and conclusive on April 7, 2016.

[2] The Defendant is a tourist guide, and around July 19, 2015, at the D hotel hotel room located in Jung-gu Seoul Metropolitan Government, and around that time, to the victim E who introduced through the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch

When purchasing food at a duty-free shop and selling it to China, rebates is allowed at the duty-free shop through the travel agency, and when the purchase price of cosmetics is invested, the principal and the profits will be returned together.

The phrase “ makes a false statement.”

However, in fact, the Defendant had already been under demand for payment because he had already been under the obligation equivalent to KRW 7-8 billion to the other persons. While he was paid a certain amount of personal debt due to tourism dys or cosmetics, he did not have any other property and received money from the injured party and received money from the injured party, he thought that most of his personal debt was to be used as the money for gambling in full or partial repayment, and there was no intention or ability to return the principal and the profits to the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 40 million won from the victim for the purpose of investment in cosmetics business from the victim; (c) from the victim; and (d) received from the victim a total of seven times from September 27, 2015, a total of KRW 266 million from that time, as shown in the List of Crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Complaints of E preparation;

1. Investigation report ( telephone conversations with witnesses);

1. Recording records;

1. Joint consultations with E;

1. Previouss before ruling: A reply to inquiries, such as criminal history;