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(영문) 수원지방법원 2014.12.18 2013고합830
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 2010, the Defendant made a false statement to the victim D to the effect that “When he/she borrowed KRW 500 million for remodeling expenses for the Fel in the East-gu Seoul Metropolitan City, he/she would pay KRW 150 million at the time of selling and selling a building as a consideration for the borrowed money, he/she would transfer the land, building, and franchise business rights of the fel to the furine when he/she is unable to pay the interest for at least two months in arrears or to pay the interest for the borrowed money.”

However, in fact, although the Defendant agreed to operate a partnership business with the burden of KRW 50 million for remodeling expenses, G’s remainder 200,000,000,000,000 for the acquisition of the telecom, H agreed to sell and purchase the telecom after acquiring the telecom, the Defendant was willing to use money from the victim for remodeling expenses, and the instant indictment stated that the Defendant was a person with bad credit standing at the time, but the evidence submitted by the prosecutor alone is not sufficient to acknowledge this, and the facts charged were revised according to the facts found by the evidence presented by the prosecutor as evidence of guilt.

G was trying to run a business by borrowing money from the surrounding area, such as covering part of KRW 500 million of the victim's money, and making a provisional registration on the above Moel with a view to making a timely repayment of the money borrowed from the victim or transferring the franchise and goodwill to the victim in arrears.

On May 10, 2010, the Defendant, by deceiving the victim, received KRW 300 million from the victim, to the national bank account in the name of the Defendant’s wife I, and obtained KRW 200 million from the above account on May 31, 201, and acquired KRW 500 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Each police interrogation protocol against J and G;

1. Statement of the police with D 1.

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