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Reasons
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(영문) 서울남부지방법원 2013.07.11 2012고단3084
사기
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A defendant shall be punished by imprisonment for one year.

except that 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

On May 209, the Defendant stated that “D will deliver coffee to the U.S. filmer and will deliver coffee to the victim E at the “D’ office” office operated by the Defendant, 101-dong 106, Yeongdeungpo-gu Seoul, Seoul Building,” and that “D will give 100,000 won per month to the former chain store of the Republic of Korea Lyta. When investing KRW 100,000,000,000 per month.” There was farmland received as legacy, the Defendant believed that the establishment of the right to collateral security should be established, and that “D will invest KRW 10,000,000,000 per month.”

However, there was no specific plan or progress to deliver coffee to the US film company or Korea, and there was no intent to set up a collateral to the victim as a collateral, and at the time the defendant did not pay office rent and did not have any money to be returned to the investors before it, so there was no ability to carry out the above business.

The Defendant, on May 19, 2009, remitted the amount of KRW 30 million to the above company account on May 19, 2009, KRW 70 million in the same way as on June 15, 2009, and KRW 100 million in total from the victim and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a complaint, investment contract, farmland sales contract, loan certificate, and a certified real estate register;

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds of the suspension of execution for not less than the following reasons: (a) there is no special criminal record against the defendant; and (b) the victim was paid compensation from the defendant by agreement with the victim, and (c) the victim wanted to take the Defendant’

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