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(영문) 서울중앙지방법원 2016.04.22 2015고단4956
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

The defendant around January 31, 2013, around Gangnam-gu, Seoul, has contributed to the victim C by providing a sound company with financing.

B. The investment of KRW 200 million has already been made and the investment of KRW 100 million may be made in the construction company with KRW 300,000 from the loan of KRW 100,000 to KRW Na, and when the shareholders' general meeting is completed on March 17, 2013, the money may be refunded at the latest until the end of March.

If a loan is made in KRW 50 million, it will be invested in that place and return KRW 60 million until March 31, 2013.

Even if the day is postponed, he/she may pay the amount he/she has paid with the amount he/she has paid.

“A false statement” was made.

However, in fact, the Defendant did not borrow money from the damaged company to make a sound investment in the lending of money from the damaged company in order to raise money to the E that will be removed from the Seoul Eunpyeong-gu D Development Project Area, and there was no investment of KRW 200 million in the sound company. Moreover, E was in a situation where the redevelopment project itself cannot be removed in a lawsuit seeking revocation of the authorization to establish the redevelopment association. At that time, the Defendant did not have any specific income and did not have any way to return money to the injured party, so even if he borrowed money from the damaged party as above, he did not have any intent or ability to repay the money as agreed.

Nevertheless, the Defendant, by deceiving the victim as such, was transferred KRW 50 million to the foreign exchange bank account under the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Statement made by C by the witness in the third public trial protocol;

1. Statement C in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommendations for sentencing guidelines) - General fraud.

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