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(영문) 서울남부지방법원 2016.09.21 2014고단4408
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act in the Incheon District Court’s Branch Branch Branch on October 16, 2014, and the said judgment was finalized on October 24, 2014.

On October 2012, the Defendant, at the top of the F University located in Mapo-gu Seoul, decided to invest the victim G “H” in the vicinity of 200 meters from the F University fixed, in an amount equivalent to KRW 4 billion.

Nr. Nr. Lr. Lr. that the Nr. S. invested in money was not well-known.

It is possible to take full account of this, so that four people enter a finite name, and finites.

If 200 million won is invested, profit equivalent to 5% of the equity will be distributed.

“.............”

However, in fact, the Defendant used the victim’s money as the construction cost of other clubs operated by the Defendant, not the above “H”, or thought to use it for personal purposes. Therefore, even if the Defendant received money from the injured party as above, it did not have the intent or ability to pay the principal and profit by investing it in the said “H”, and there was no intention or ability to pay the invested money from the injured party due to the said obligation for the construction cost, etc.

Around November 27, 2011, the Defendant received 200 million won from the injured party to the new bank account in the name of the Defendant, and was delivered property by deceiving the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness G from among the trial records in the third, seven and nine public trial records;

1. Statement made by the witness I in the nine-time public trial records;

1. Entry of part of the witness K in the fourth public trial record;

1. Parts of each statement made by G, I and L in the suspect examination protocol against the accused;

1. Statement of the police statement related to G;

1. A copy of a bankbook or a record of liquidity transactions, and each record;

1. Previous convictions in the judgment: A copy of the investigation report (the judgment of probation of the defendant), and the text of the judgment (the evidence submitted);

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