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(영문) 수원지방법원 성남지원 2018.04.25 2017고단2046
사기
Text

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

Reasons

Punishment of the crime

[2] On April 18, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the National Sports Promotion Act, etc., in the Sungnam Support of Suwon Friwon, and the judgment became final and conclusive on October 2, 2013. On September 11, 2013, the Defendant was sentenced to two years of suspension of execution on September 24, 2013, and the judgment became final and conclusive on September 24, 2013. On August 18, 2016, the Defendant was sentenced to two years of suspension of execution and fine KRW 10,000,000 from the Suwon Friwon to eight months of imprisonment with prison labor for fraud, and on June 13, 2017, the judgment became final and conclusive.

[Criminal facts] On February 2012, 2012, the Defendant received the victim’s “F hotel in the vicinity of Gangwon-do, where there is a building E in the vicinity of Gangwon-do,” and the G amusement center in the middle of the residence of the victim C in the Seocho-si apartment B, and the funeral of the entertainment center is well-grounded.

In this regard, a person who has invested KRW 200,000 in an entertainment place shall receive money with a maturity of the person who has invested in the amount of KRW 200,000,000, and if the money has been omitted, 4% of the interest per month shall be given, and the principal shall be repaid after one year.

‘Falsely speaking, the date of payment was 200 million won as of February 22, 2013, which was 200 million won as of February 22, 2013.

However, in fact, the Defendant received the above hotel and the above hotel and the entertainment shop, and had been operating the enemy who caused the loss of several million won each month, and had been operating the private sports entertainment site from January 18, 2012 to overcome this, the Defendant did not use the money from the damaged party to return the money to the existing investor as above, but was planned to use the said entertainment shop operating expenses, the above gambling site operating expenses, and the living expenses, so the Defendant did not have any intent or ability to pay the principal to the victim as above.

On February 22, 2012, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 55 million to the H account under the Defendant’s name on February 22, 2012; and (c) transferred KRW 145 million to the K bank account under the Defendant’s name of the Defendant’s wife on February 24, 201.

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