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(영문) 서울중앙지방법원 2013.04.04 2012고단5724
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 2010, the Defendant worked as the head of Gangnam-gu Seoul Metropolitan City C entertainment tavern and required funds to increase the amount of accounts receivable for credit, the Defendant was serving in an investment company with his mother of a female at his own low level through G with usual friendship D, and was trying to obtain money from the victim E with access to the money for investment at night.

At around 15:00 on September 27, 2010, the Defendant presented the victim’s name of Francy to the G law office in Gangnam-gu Seoul, Seoul, stating that “B was working for an investment company called “F at low level,” and at night, the Defendant invested in the entertainment drinking house in the entertainment drinking house and received a profit of more than 4 minutes per month from the entertainment drinking house.” The Defendant made an investment in the name of the party, “I make an investment that would be able to receive additional interest every month.”

However, in fact, the Defendant did not have invested in C entertainment taverns, and the accounts receivable for credit to C entertainment taverns without any particular property at the time have been paid in KRW 120 million. Therefore, even if the Defendant received money from the victim, he did not think that it would be used to cover the accounts receivable for credit payment, and there was no intention or ability to pay interest every month to the victim.

The Defendant, on September 27, 2010, transferred KRW 18 million from the victim, KRW 19 million on September 28, 2010, KRW 20 million on September 29, 2010, KRW 19 million on September 29, 2010, KRW 19 million on September 30, 2010, and KRW 80 million on October 1, 201, and acquired the total amount of KRW 4 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of notarial deeds under a monetary loan for consumption and deposit passbook Acts and subordinate statutes;

1. The reason for sentencing of Article 347(1) of the Criminal Code of the relevant statutory provisions regarding criminal facts [decision of a sentence of imprisonment] Fraud, general fraud, and less than KRW 100 million [the scope of recommending punishment] From six months to one year and six months (basic area] [decision of a sentence] Defendant’s partial repayment of principal and interest, but the contents and nature of the crime are weak.

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