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(영문) 춘천지방법원 속초지원 2013.12.06 2013고단422
사기
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall pay 80,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On June 11, 2013, the Defendant called “D convenience store” operated by the Defendant, which is located in Choyang-dong, that “If he purchases at one time the goods equivalent to KRW 50 million at the head office at the convenience store in which he is operating, he would return the profits to the principal after one month more than KRW 4,00,000,000.”

However, the Defendant has to repay to banks, E, etc. with the obligation of KRW 50 million, and has to pay KRW 25 million per month to E. The Defendant extended business to three convenience stores and one set of coffee shop, etc., but the profits accrued therefrom are in the condition of so-called “fashing” in which the principal or interest of the principal or interest of the original obligation was paid because it is difficult for the convenience store to pay interest on the said obligation or the amount of the deposit. Thus, even if the Defendant borrowed money from the victim, he did not have any intent or ability to repay the debt.

Accordingly, the Defendant, by deceiving the victim as such, received a total of KRW 80 million from the victim more than twice around that time, and obtained a total of KRW 493,380,000 from five victims over 43 times in the same manner as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of examination of the accused;

1. Each police statement made to C, F, G, H, and I;

1. Investigation report (related to the attachment of a written statement of transactions of source damage from complainant G), investigation report (the details of amount not borrowed from complainant G and I loan);

1. One copy of account settlement and one copy of account settlement;

1. Application of the Acts and subordinate statutes governing the integrated suspect credit information inquiry table;

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

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