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(영문) 수원지방법원 2014.08.21 2014고단2649
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant was a person who operated CAD in the building in Seongbuk-gu Seoul Metropolitan City B.

On April 7, 2008, the Defendant stated to the effect that, “B building 6.10 additional leases 6.10 to the victim F who became aware of D’s introduction, the Defendant would operate a private teaching institute for special trees and gifted science. If the Defendant lends KRW 80,000,000,000, the Defendant would transfer the right to return the lease deposit to the said building 502, and would pay KRW 2.5 million every month until July 2008, taking into account the operating profits, and thereafter, the Defendant would pay KRW 3,00,000 from the lowest amount of KRW 3,00,000 to the highest amount of KRW 12,50,000,000,000 from the money paid every month.”

However, in fact, the Defendant was liable to pay approximately KRW 1.1 billion, such as receiving a loan from a foreign financial company for the purpose of receiving an investment from a foreign financial company by expanding the private teaching institute. In fact, the Defendant was in a situation where it was not clear whether it would actually receive an investment from a foreign financial company, and whether it would have to expand the private teaching institute by separately borrowing additional funds in order to receive an investment. If it was paid necessary expenses, such as interest on the obligation, etc., and if it was paid by the victim, the Defendant was operating the private teaching institute in a state where there was little profit. However, even if the Defendant received an amount of KRW 80 million from the victim, there was no intention

As such, the Defendant, by deceiving the victim, obtained KRW 80 million on the same day from the victim and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement Nos. 2 and 3 of the police interrogation protocol against the accused in F or D;

1. Application of the police protocol of statement to F;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The Criminal Act, the suspension of execution;

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