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(영문) 서울남부지방법원 2018.09.19 2017고단4441
사기
Text

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 2, 2009, the Defendant was sentenced to a suspended sentence of three years on July 10, 2009 by imprisonment for a violation of the Act on the Regulation of Fraud and Similar Receiving Acts at the Incheon District Court, and the judgment became final and conclusive on July 10, 2009.

【Criminal facts】 The Defendant was the representative director of “C” corporation established around October 2008, which was established around December 2008, in order to illegally raise funds necessary for the manufacture and sale of black boxes for vehicles on February 2009, and was the representative director of “C” corporation established around December 2008.

On February 26, 2009, the Defendant told the victim F to the effect that “The present business is well operated, and the business fund is required,” the victim F is loaned KRW 100 million, which is to be repaid after five months, to pay 3% interest per month, and to have a promissory note notarized.”

However, at the time of fact, the defendant's business of the B and C's business of the B and C's business was not in the early stage and was not in the early stage to increase sales profit. Nevertheless, as if it was possible to obtain high profits from around October 2008 to the above time from around October 2008, the investment amount of 600 persons who already received 600 persons from large-scale investors was equal to 1.4 billion won, and the investment amount of 600 persons who received 60 billion won was to prevent the return of profits from the investment amount received from the priority investors to the senior investors, and there was no special revenue. Therefore, even if the victim borrowed money, there was no intention or ability to repay it.

Nevertheless, the defendant deceivings the victim by making such a false statement as above, and he received 100 million won in cash from the victim on February 26, 2009 from the victim and acquired it by fraud.

Summary of Evidence

1. Recording of a witness F's statement in the second public trial records;

1. Partial recording of a witness G in the second public trial record;

1. Partial statement of the defendant in the protocol concerning the examination of the suspect against the defendant;

1. Process deed, deposit certificate, etc. (Evidence list);

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