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(영문) 서울중앙지방법원 2017.03.30 2016고단9179

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 9, 2016, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor at the Seoul Central District Court on the charge of forging private documents, etc., and the said judgment became final and conclusive on November 17, 2016.

Criminal facts

When operating an adult amusement room, the Defendant solicited the investment of the victim D as if he could bring enormous money into money, and had the Defendant thought that he would use the investment money to pay his debt.

The Defendant around March 2008, at the F Office of the F Office located on the second floor of the Gangnam-gu Seoul E building, and the victim introduced through G through G, “A large amount of money may be punished if an adult amusement room is operated, and investment may be changed. The Defendant knows the branch office of the Solomon Savings Bank well, and will have the president receive a loan as security.

In return for the promise of ", on April 7, 2008, in the office of a certified judicial scrivener whose name is near the Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, is unknown, "The head of the Solomon Savings Bank has the executive meeting, and the head of the Sung-nam branch is present at the head office of Seongdong-gu, and the loan will be delayed this day.

On the other hand, I would like to transfer 80 million won to a bond loan by April 30, if I would like to make an investment by obtaining a bond from H with a good knowledge.

The interest on the borrowed money from the bond company is liable for the interest, and if it is not possible to obtain a loan from the bond company by April 30, the principal of the bond is not known about the responsibility.

“A false representation was made.”

However, the fact that the adult entertainment business was prepared by the defendant at the time was not classified into the rating of game water, and the business was not likely to normally run, and even if the defendant received the investment money from the injured party as the fund for adult entertainment business, it was thought that he will use it to pay his existing investment money, and there was no intention or ability to further proceed with the entertainment room business.