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(영문) 수원지방법원 성남지원 2017.11.23 2016고단2862

사기

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 26, 2013, the Defendant acquired the victim F and the victim G to the E restaurant located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul. “Around July 26, 2013, KRW 800,000,000,000,000,000,000,000,000 won of acquiring capital will be succeeded to bank security, and it is possible to take over the remaining cash amounting to KRW 50,000,000.

Of them, KRW 300 million can be borne and paid by the Defendant, and the indictment contains the phrase “may be paid within,” but according to the statement in the complaint (which is the page 7 page of evidence record) and the evidence duly adopted and investigated by this court, the Defendant did not directly pay the acquisition fund, and it appears that the Defendant would have come to raise the acquisition fund under the Defendant’s responsibility. As such, even if the change was made ex officio, the change is made as above because there is no substantial disadvantage in exercising

The loan of the remaining 250 million won of the insufficient acquisition fund will be repaid at 10% per annum without a molding interest after four months.

“False speech was made to the effect that it was “.”

However, the fact was that the Defendant had a personal obligation of 60 million won or more at the time, and it was also impossible to accept the above food treatment company due to the lack of the necessary funds to pay KRW 300 million for the acquisition fund. Therefore, even if the Defendant borrowed money from the victims, there was no intention or ability to complete the payment.

Nevertheless, on the same day, the Defendant received KRW 100 million as a check on July 26, 2013 from the victim G on the same day, and KRW 50 million as a check from the victim F, respectively, as a loan, and received from the victim G’s house located in Seongbuk-gu, Sungnam-si, Sungnam-si, and received KRW 100 million as a check from the victim G on August 28, 2013.

Accordingly, the defendant was delivered property by deceiving the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, G and J;

1. Each loan certificate, each contract for business transfer, and written confirmation (the defendant and the defendant).