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(영문) 서울서부지방법원 2018.08.16 2015고단3233 (1)

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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 November 13, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court on November 21, 201, and the said judgment became final and conclusive on November 21 of the same year.

(Criminal facts) The Defendant, as the representative director of D, is a person who produces Kim Products using the celebrity right of an artist E, and the F served as a director of the said D to attract investors in the same business as the above director, thereby soliciting to obtain money from the victim G after borrowing money from the victim G.

Around October 2010, F made a false statement to the victim on the fact that the victim G was F’s H and high school establishment relationship with the victim, and the victim at the J department store in Dongdaemun-gu Seoul Metropolitan Government, stating, “The victim remains a large amount of profit if he manufactures and sells the Kim products using E’s portrait right as the principal user of the artist E, who was the principal artist of this MBC DD Drma K, and because he did not produce money, he would guarantee the principal if he lends money to the victim, and pay interest in the form of dividend amounting to KRW 160,000 per month.”

However, even if the defendant and F have received a loan from the injured party, the defendant and F did not have any intention or ability to repay the principal and/or to return the funds equivalent to KRW 1.6 million per month.

Nevertheless, on November 5, 2010, the Defendant and F prepared a “investment contract” with the victim for a one-year term of contract, and deceptions the victim, and it did not pay the principal and interest by November 5, 201, when the Defendant and F received KRW 100,000,000,000 from the L’s account under the name of F father’s H to the account under the name of the victim’s father’s H, from the victim’s wife, to the victim’s wife. < Amended by Presidential Decree No. 22493, Nov. 5, 2010; Presidential Decree No. 22426, Nov. 5, 2010>

As a result, the defendant and F conspireds to acquire the victim's property.

Summary of Evidence

1. Statement made by the witness G in the fourth public trial protocol;

1. Some police officers with respect to F.