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(영문) 창원지방법원 진주지원 2017.11.08 2017고단666

사기

Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant is operating a F golf practice hall in the name of co-ownership in the name of the victim C at the early major center of Jinju-dong, Seocho-si, and “F golf practice hall in Jin-si, Jin-si, with each inside of D KRW 210,000,000.

At present, D has half of the shares, and D has to dispose of the shares while going out of the election of the president of the new cooperative, so D has to take over and operate D's shares. On the other hand, if it invests in the amount of KRW 15 billion equivalent to a half of the shares in Korea, it will take over D's shares with loans and take over the proceeds of golf course operation, and divide them into one half.

“A false statement” was made.

However, in fact, the defendant invested 60 million won in the above golf practice course, and around August 7, 2015, the above D and the "the 30 million won out of the investment money was returned, and the same business relationship was withdrawn, and all rights related to the golf course were waived.

“After preparing a letter of commitment, the Defendant did not have the share of the said golf practice hall by receiving all the investment funds from the said D on October 30, 2015. At the time, the Defendant did not have the intent or ability to pay the proceeds by operating the golf practice hall, as well as by having the Plaintiff acquire the shares of the said golf practice hall even if he/she received money from the damaged party due to the debt amounting to approximately KRW 65 million, such as the cost of operating the golf practice hall, and KRW 18 million, such as the loan of the financial institution.

As above, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 50 million on November 23, 2015; (c) KRW 29 million on or around the 30th of the same month; (d) KRW 1 million on or around December 16 of the same year; (b) KRW 40 million on or around the 18th of the same month; (c) KRW 20 million on or around the 31st of the same month; and (d) KRW 150 million on or around February 16, 2016, to the account of the Defendant’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of deposit transactions;

1. Statement 1.3