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(영문) 울산지방법원 2015.11.12 2015고단1222
사기
Text

A defendant shall be punished by imprisonment for one year.

However, 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 December 2011, the Defendant sought to transfer “C” beauty parlors, which he operated, to another place as much as the enemy was accumulated to the extent that it could not pay monthly rent, but, on the daily newspaper with pride, the Defendant was placed an advertisement that “I would want to get his spouse,” while there was no funds for transfer, and had the efforts to collect money from the male who was found to have been invested in a marriage.

From February 2, 2012, the Defendant reported the above newspaper advertisement at the Kaeung-si Da, which had been found in the above Kaeung-si Da, “I think that I will operate the Gae cosmetic as a chain store by expanding the kitchen and the bee boom-si. A contract has already been concluded with the head office in Seoul to place a chain. When the employees dispatched at the head office stay in the Gae-si for about seven months and operate the Gae-si well in the Gae-si, the Defendant would have been able to obtain a large amount of profit. Accordingly, the Defendant would receive a loan of KRW 100 million in the name of the party and make investments to B, and would pay the principal and interest of KRW 100,000,000,000,000,000,000,000,000 won.”

However, the Defendant did not have entered into a chain contract with the head office of “F”, and there was no specific property at the time, and thus, there was no intent or ability to guarantee certain profits even if the Defendant received an investment from the victim, or to repay the principal and interest of KRW 100 million instead of the victim’s debt.

On February 29, 2012, the Defendant received from the victim a total of KRW 100 million, including KRW 50 million around February 29, 2012, and KRW 50 million around March 23, 2012, and acquired it by deception.

Summary of Evidence

1. E statements of the police suspect interrogation protocol of the defendant

1. The police of E.

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