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(영문) 서울남부지방법원 2014.09.17 2013고단4030
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Since the defendant is not aware of the way to make a certain amount of profit in the sports competition with employees of the restaurant, even if he borrows money, he could not make a certain amount of profit by investing in the sports competition, and even if he borrows money, he did not have the intention or ability to make a full payment.

Nevertheless,

1. On January 2012, 2012, the Defendant against the Victim B, on the screen screen run by the Victim B B (the age of 40) in Yangcheon-gu Seoul Metropolitan Government (the age of 30) on the early January 1, 2012, concluded that the Defendant would guarantee the principal when making an investment, and would pay more than 20% of the profits by guaranteeing the principal when making an investment.

As above, the Defendant, by deceiving the victim as above, has received 2 million won from the victim to the account of E, which is the Defendant’s seat, around September of the same month under the pretext of investment and borrowing from the victim, and has received the same year.

8. Around 18.13 million won, KRW 5 million around 4.12.4 of the same year, and KRW 50 million around 20.20 of the same year, have been remitted to the Defendant’s Korean CTR bank account.

In this way, the defendant acquired the total of KRW 70 million.

2. Around October 2012, the Defendant, at the victim F, made a false statement that he/she would guarantee the principal by investing in the victim F (the age of 49) in the said screen golf club, thereby allowing the victim F (the age of 49) to pay 20% of the profits.

As above, the Defendant, by deceiving the victim as above, was transferred from the victim to the Defendant’s account of the Korea CF Bank around October 28 of the same year, KRW 20 million, and KRW 50 million around December 20 of the same year, under the pretext of borrowing from the victim.

In this way, the defendant acquired the total of KRW 70 million.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Application of the police protocol protocol to B and F

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the accused in the investigative agency for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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