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(영문) 대전지방법원 천안지원 2018.11.02 2018고단580
사기
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

1. On March 15, 2016, the Defendant is running a business in Jung-gu in Seoul, Jung-gu E in Seoul, Jung-gu, Seoul, with the victim D (V, 45 years old) at the apartment sales office in Seoul, Seoul, the second floor.

Since the land price has been deposited, it is necessary to terminate the establishment necessary for the cash conversion of business funds.

The payment will be made until April 25, 2016, on the loan of the cost of cancelling the establishment.

The phrase “ makes a false statement.”

However, the fact that the land price was not paid, and it was thought that it was used for entertainment expenses such as meal expenses to conclude the investment contract with the F, so even if it was borrowed money from the damaged party, there was no intention or ability to pay it.

Around March 16, 2016, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the victim; (c) KRW 3.5 million from the G bank account under the Defendant’s name; (d) KRW 3.5 million from March 23, 2016; and (e) received KRW 2.7 million from the above account around April 19, 2016; and (e) received KRW 11.2 million from the said account.

2. On April 1, 2016, the Defendant around April 1, 2016, at the above C apartment sales office, the victim H (V, the age of 51) is running the Seoul Jung-gu E business.

Since the land price has been deposited, it is necessary to terminate the establishment necessary for the cash conversion of business funds.

It is expected that the establishment and termination of the establishment will be repaid as the money will be paid out.

The phrase “ makes a false statement.”

However, the fact that the land price was not paid, and it was thought that it was used for entertainment expenses such as meal expenses to conclude the investment contract with the F, so even if it was borrowed money from the damaged party, there was no intention or ability to pay it.

around April 1, 2016, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the G bank account in the name of the Defendant; (c) KRW 2 million from the said account around April 21, 2016; and (d) received KRW 7 million in total from the said account.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. A criminal investigation report (in cases of attaching a certificate of admission);

1. A report on investigation (a detailed statement of entry and withdrawal transactions);

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