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(영문) 서울중앙지방법원 2012.09.11 2012고단3107
사기
Text

A defendant shall be punished by imprisonment for one year.

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

(b)compensation;

Reasons

Punishment of the crime

[Criminal Justice] On March 13, 2009, the Defendant received a summary order of KRW 5 million as a crime of fraud at the Seoul Central District Court, and on August 28, 2009, the Seoul Central District Court sentenced the suspension of execution of one year and four months of imprisonment for fraud, etc. at the Seoul Central District Court on September 5, 2009, which became final and conclusive on September 5, 2009 and is still under the suspension of execution.

【Criminal Facts】

1. On January 2009, the Defendant concluded that, at the victim D’s house located in Gangseo-gu Seoul Metropolitan Government, the Defendant stated that “The Defendant would return the principal at any time to the Plaintiff’s home in Gangseo-gu, Seoul, that “If the Defendant has made a more investment in the money to do so, the Defendant may pay interest on the number of days against the market owners.”

However, the defendant did not have a plan to pay the actual number of days, and even if he borrowed money from the victim, he did not have any intention or ability to pay the money.

On February 9, 2009, the Defendant received 800,000 won from the victim to the Japanese bank account in the name of G on February 9, 2009, as well as from February 9, 2009 to July 7, 2010, the Defendant received a total of KRW 92,960,000 through 29 times as indicated in the same order as indicated in the attached Table 1-29.

2. On December 18, 2010, the Defendant did not have the intent or ability to repay money from the victim. On December 20, 2010, the Defendant received KRW 6,850,000,00 in total twice, as indicated in the attached list 30,31, by phoneing the victim from the non-regional name bank, and received the Defendant’s account via the Defendant’s name.

3. Even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to complete payment. On January 7, 2011, the Defendant was granted KRW 4,080,000 via two occasions, as indicated in the attached Table 32 and 33 of the List of Crimes, by telephoneing the victim from the victim in the name of the region, and by using the method of committing the crime indicated in the attached Table 32 and 333.

Summary of Evidence

1. Defendant's legal statement;

1.Each of D. D.

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