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(영문) 서울중앙지방법원 2017.08.24 2017고단3532
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around May 16, 2008, the Defendant, within the Co., Ltd. of the Defendant’s operation in Gangnam-gu Seoul Metropolitan Government, transferred a private teaching institute of KRW 160,000 to the victim F with investment of KRW 160,000,000,000, and sold it to Taiwan Co., Ltd. with an amount of at least KRW 2,000,000,000,000, and will offer 30% of its profits.

“False speech was made to the effect that it was “.”

However, as the management of a private teaching institute that was operated at the time is not smooth, the Defendant was thought to be used as employees’ benefits, living expenses, gambling funds, etc. even if the Defendant received investments from the injured party, but did not have the intent or ability to pay the profits by expanding and relocating the private teaching institute to the opposite party corporation.

The Defendant, as such, by deceiving the victim, received 60 million won from the Korean bank account (Account Number: G) of the above E on the same day as the investment money from the victim, and received KRW 100 million from the Korean bank account (Account Number: H) of the Defendant’s name around the 22th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of each police statement protocol to F;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution Act (see, e.g., Supreme Court Decision 2006Da14488, Apr. 2

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