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(영문) 서울남부지방법원 2013.07.11 2012고단4588
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 1, 2011, the Defendant stated, “Around March 2011, at the Defendant’s office located in Mapo-gu Seoul Mapo-gu Seoul, that “I will pay 500,000 won interest each month until March 15, 2012, if I wish to withdraw customer information from the Communications Agency if the customer who has subscribed to the mobile phone does not terminate within three months. I want to pay 500,000 won interest every month.”

However, the Defendant provided information on super-high speed Internet subscribers to the radio operator and received cash from the radio operator as a gift in return, and was subject to a tax investigation on July 2010, and reported to the operator of the business equivalent to KRW 30 million every month. Since the Defendant had to pay KRW 25 million each month fixed without any particular property, the Defendant did not have any intent or ability to pay the amount even if she borrowed money to the victim.

Nevertheless, the defendant made a false statement to the victim, and such statement belongs to it from the victim.

3. At around 15. Around 15.m., a delivery was received at the central point of the New Bank of Mapo-gu, Mapo-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Although the Defendant denies the criminal intent of the defraudedation, the Defendant’s judgment on the Defendant’s written statement of the police testimony regarding D denies the criminal intent, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the Defendant, from around July 2005, engaged in an invitation business of super-high speed Internet subscribers with the trade name “E” and was subject to a collection of KRW 1.2 billion on the grounds of tax evasion on the grounds of tax evasion, and on the same ground, the Defendant should file a criminal charge and pay a fine of KRW 20 million on the grounds of criminal charge, as well as the above business (the Defendant, around September 2010, changed the trade name to “F”, and continued to conduct the business by changing the business to G).

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