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(영문) 서울남부지방법원 2020.12.18 2020고단3839
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 2009, the Defendant: (a) around C High School Research Institute located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) “The head of the E Bank located in Incheon Metropolitan City; (c) many business owners request for a corporate loan; (d) banks are unable to make all of them, and thus, (e) receive a short-term and high-interest on the loans from an unspecified number of investors; and (e) receive a short-term and high-interest on the loans from the owners of this money; (b) upon investing money in the Republic of Korea, the Defendant also returned the principal at the time when he/she wishes to pay high-value profits from the second of each month; and (b) received high-income from investing money in the Republic

However, in fact, F, the Defendant’s wife, borrowed money from the neighbors including the Defendant, invested in the real estate development project, but did not receive any early approval, and the Defendant also borrowed money from the money borrowed as collateral and borrowed money from the neighbors from around 2006 to F, the Defendant did not have any intent or ability to pay the principal and the profits agreed upon even if he received the money from the victim.

Nevertheless, the Defendant, as above, was accused of the victim and was transferred from the victim on September 15, 2009, KRW 50 million, KRW 50 million on November 4, 2009, KRW 50 million on August 4, 2010, and KRW 150 million on August 4, 2010 to the G bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Certificates of remittance and details of account transactions;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order, the details of the crime, the amount of damage, and the restoration of damage.

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