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(영문) 서울중앙지방법원 2015.11.19 2014고단9628
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On April 201, the Defendant, at the law firm 1573-10, at the Seocho-gu Seoul Metropolitan Government Seocho-gu's Seocho-gu's Seocho-gu's Seocho-gu Office, concluded that "In the Republic of Korea, he/she intends to conduct the Eunpyeong-gu Seoul Metropolitan Government E Complex Sale Business and the F-building Reconstruction Business, and intends to newly build an officetel on the G site in the Yan-si G site owned by his/her father, he/she shall repay the total amount of KRW 50 million if he/she invests in the amount of KRW 2.5 million, but he/she shall repay the investment principal amount of KRW 250 million within six months, and KRW 100,000 among the profits, he/she shall pay KRW 2,50,000 as at the end of each month from the date following the receipt of the principal, and shall pay the remainder of KRW 150,00

However, in fact, officetels in Bo-si and the Eunpyeong-gu Seoul E main apartment complex were not allowed to construct, and the reconstruction construction of the F Building in Sipo-si was not determined, and thus, it was demanded to return investment funds from other investors, so even if it is received investment funds, it is not possible to pay the amount in accordance with the changed facts charged, such as the principal of the investment amount of KRW 250,000,000.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 150 million from the victim on April 19, 201 to the new bank account (Account Number I) in the name of the Defendant’s seat on April 29, 201; and (c) received KRW 250 million in total from the victim to the new bank account (Account Number I) in the name of the Defendant’s seat on April 29, 201.

In this way, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A legal statement made in part appropriate to the defendant's statements;

1. Any statement made in the fifth protocol of the trial by a witness, J, K and H in part appropriate for such statement;

1. Statement made by witnesses D in the third protocol of the trial;

1. Any statement made in the fourth protocol of the trial by a witness and H in part appropriate for such statement;

1. Statement made to D by the police;

1. Each letter of certification, all descriptions to be registered, and all certificates;

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