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(영문) 서울중앙지방법원 2015.08.21 2015고단2690
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[2015 Highest 2690] On April 1, 2014, the Defendant made a false statement to the effect that “A” of the victim’s “D” in the victim’s operation “D” in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government B Building 101, the Defendant was planned to construct a general hospital in Indonesia with the project cost of KRW 20 billion from the Indonesia’s “E” corporation, which is a director at Malaysia, and the project cost, etc. is required. The Defendant is well underway and the project cost is received, thereby investing KRW 6 billion in the film production of the Party.”

However, in fact, in order to receive the above general hospital construction work, there was a need for 2 billion won relocation cost for the residents living in the relevant site. However, the Defendant did not have the ability to prepare the above 2 billion won, such as the obligation without any particular property up to 60 million won, and the above E was a small business entity, so there was no intention or ability to receive the above construction work, and most of the money received from the victims were thought to be used for the Defendant’s living expenses or entertainment expenses.

Around April 2, 2014, the Defendant, by deceiving the victim as above, received KRW 1.2 million from the victim to the account of community credit cooperatives under the name of the Defendant, and acquired KRW 30,930,000 in total over 20 times as shown in the attached crime list from the date and time to November 6 of the same year.

[2015 Highest 3734] On June 4, 2013, the Defendant stated that “If the Defendant borrowed KRW 10,000,000 to be paid from investors around June 22, 2013, 10,000 to the victim G, it would be repaid until June 22, 2013.”

However, in fact, since the defendant was in a state of bad credit and did not pay wages to the employees, and there was no investor to invest KRW 50,000,000, the defendant would have to pay it even if he borrowed money from the victim.

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