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(영문) 서울남부지방법원 2017.12.21 2017고단3701

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around April 2012, the Defendant, at the F Co., Ltd. office located in Yeongdeungpo-gu Seoul Metropolitan Government, concluded that “for three months, it would be desirable to make a parent-investment in the above program in public book,” and that “for three months, it would be desirable to make a parent-investment in the above program,” instead, at 10% interest per month, and at the same time, at the end of three months, the Defendant made a false statement to the effect that he/she would lend the principal to the maximum amount of the money that he/she has paid the principal.”

However, in fact, the defendant thought that some of the money borrowed from the damaged party was used as business expenses of the company, and that the future profit was not clear even if he invested in the shares, and even if he received money from the damaged party under the circumstances in which he was liable for the debt amounting to KRW 2.4 billion without any particular profit or property at the time, he did not have an intention or ability to change it on the date of promise.

Accordingly, the Defendant, as seen above, by deceiving the victim, received the total sum of KRW 70 million from May 16, 2012 to June 1, 2012 from the victim to the national bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of witness G;

1. Application of Acts and subordinate statutes governing receipt of cash custody;

1. Article 347(1) of the Criminal Act and Article 347 of the same Act concerning the facts constituting an offense (including the fact that the victim agreed with, and that the defendant was sentenced to imprisonment with prison labor for the same kind of crime, taking into account the equity between the case and the case that was sentenced together with the above case);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;