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(영문) 서울북부지방법원 2017.06.29 2017고단1232

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On May 31, 2013, the defendant was sentenced to a suspended sentence of three years and six months for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Central District Court on May 31, 2013, and such judgment is the same year.

8. 21. A final and conclusive date.

around 14:00 on August 7, 2008, the Defendant stated that “If he/she performs school-related construction works but lends KRW 150 million to the victim G at the first floor coffee shop located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, the Defendant would pay KRW 300 million up to August 29, 2008.”

However, on March 5, 2007, the Defendant established a juristic person H, Inc., a corporation, and then moved to another school juristic person I’s educational institute and K middle school located in Gangseo-gu Seoul Metropolitan Government, and promoted the construction of apartment buildings in the site. However, in China’s Cheongdo, the Defendant invested a certain amount of money in L to L, which is operating the apartment and golf course business, and attempted to allow L to invest in the Defendant’s operating company through L, but the specific investment plan was not prepared, and the investment from other investors was not performed normally. The above project was not implemented by announcing policies to prevent the construction of apartment buildings in the existing school site around June 27, 2007, and it was practically difficult to implement the project, so there was no intention or ability to repay KRW 300 million per month even if borrowing KRW 150 million from the damaged person.

The defendant received 150 million won as the same day check from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the police statement related to G;

1. Certificates of cash custody;

1. A copy of a check paid at the time;

1. A written confirmation or a mobile phone text message;

1. An investigation report (in the case of the N University’s response filing), investigation report (in the case of a telephone investigation with a referenceO), investigation report (in the case of a reference witness L.