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(영문) 의정부지방법원 2016.06.24 2015고단369
사기
Text

The accused shall dismiss an application for remedy by the applicant for remedy of innocence.

Reasons

1. On August 5, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for the crime of forging private documents in the Daejeon District Court Branch of the Daejeon District Court on August 5, 2013, and the judgment became final and conclusive on December 6, 2013.

A. A. On November 20, 2012, the Defendant: (a) around November 20, 2012, at the Jung-gu Seoul Metropolitan Government Rental Office located in Jung-gu, Seoul; and (b) at the victim C, the Defendant borrowed KRW 15 million as the operating expenses need to be incurred; (c) at the time of lending money, the Defendant would preferentially pay KRW 20 million from the F Co., Ltd. (hereinafter “F”) until February 28, 2013; and (d) paid KRW 10 million investments until May 31, 2013.

“The phrase “ was false.”

However, at the time, the Defendant did not have been promised to receive operating expenses from F, and it was difficult for the Defendant to pay the wages of the employees of the sales office that the Defendant operated. Therefore, the Defendant did not have any intent or ability to pay the said money to the victim or to pay the said profits.

On November 20, 2012, the Defendant, by deceiving the victim as such, received money from the victim to the account in the name of the Defendant from the victim and acquired it by deceiving the victim.

B. On March 25, 2013, the Defendant: (a) around March 25, 2013, at the HH certified judicial scrivener office located in Gangnam-gu Seoul Metropolitan Government, the Defendant collected the above deposit KRW 150 million from July 15, 2013 to first return the principal of the Party’s investment to the Defendant, first, after collecting the principal of the Party’s investment by first, the Defendant collected the deposit amount of KRW 150 million by collecting the principal of the Party’s investment.

“The phrase “ was false.”

However, the fact is not that the defendant paid the F a deposit of KRW 150,000,000 to the sale agency, but that I is the partner, above 15,000.

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