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(영문) 광주지방법원 2015.03.26 2015고단385
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

【Criminal Power】 On May 17, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for perjury at the Seoul Central District Court for the purpose of perjury, and the said judgment became final and conclusive on May 25, 2012, and on November 2, 2012, the Seoul Central District Court sentenced four months of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on November 10, 2012.

【Criminal Facts】

1. On December 201, 201, the Defendant stated that “The Defendant would resolve the balance of KRW 1.9 billion by arranging domestic private financing and arranging the successful bid to the advisory P of the victim’s “O,” who was preparing the remainder of the successful bid at the time of L hotel coffee shop located in K in Jung-gu Seoul, Jung-gu, Seoul.”

However, there was no intention or ability to arrange private financing.

Accordingly, the Defendant, as seen above, received a total of KRW 22 million from the victim to receive KRW 20 million from the victim on January 20, 2012 to receive KRW 20 million on or around January 30, 2012 and KRW 20 million from the victim on or around January 30, 2012.

2. Around March 2012, the Defendant would arrange and resolve the remainder of 3.5 billion won of the R office located in the Dongnam-gu Q, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Q, and the remainder of 3.5 billion won of the NA, “Secheon-gu, Chungcheongnam-gu, Seoul, and two parcels,” which the Defendant intended to purchase from P corporation O at this time. First, the Defendant borrowed KRW 700 million to changed the interest rate.”

However, there was no intention or ability to borrow KRW 700 million or arrange private financing.

Accordingly, the Defendant, by deceiving the victim as above, obtained a total of KRW 12 million from the victim to receive a total of KRW 5 million from the victim on April 4, 2012, KRW 1 million on December 12 of the same month, and KRW 6 million on or around the 23th day of the same month as the passbook of bank in the name of I, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each police interrogation protocol (including T substitute part) against the accused;

1. U.S.

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