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(영문) 수원지방법원 안산지원 2016.07.14 2015고단3994
사기등
Text

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

On February 4, 2015, the Defendant was sentenced to two months of imprisonment with prison labor for fraud and six months of imprisonment with prison labor for the purpose of fraud, and on February 12, 2015, which became final and conclusive on February 12, 2015.

1. The Defendant, on July 5, 2012, lent KRW 10 million to the victim in a singing practice room operated by the victim C, a member of Ansan-si, an Ansan-si, which was operated by the victim C, for the purpose of making a prompt use to the victim.

“The phrase “ was false.”

However, in fact, the defendant was a bad credit holder and did not have any intention or ability to pay the money even if he borrowed the money from the injured party due to no special property or income.

The Defendant, as such, was informed of the victim and received KRW 10 million from the victim on July 5, 2012 as the borrowed money, around July 5, 2012.

2. On July 2012, the Defendant, in breach of trust, agreed to operate a tentatively named news report room between the said victim and the said victim in the singing practice room operated by the said victim, which was located in the Sinsan-si, Seocho-si. On that condition, the Defendant invested KRW 70 million in the victim, and the Defendant was to be in charge of the operation and management thereof.

Accordingly, the victim transferred KRW 50 million to the seller on July 12, 2012, KRW 100 million on July 19, 2012, and KRW 19 million on July 20, 2012, to the seller of the news report for the operation of the news report, and thus, the Defendant had a duty to properly operate the news report room and divide the profits therefrom into the victims.

Nevertheless, the Defendant violated the above duties, and transferred the above report room to E on July 2013, 2013, operated in Ansan-si D, Ansan-si, etc., and received a delivery of KRW 60 million, and acquired the same amount of property profit, and suffered property loss equivalent to the same amount of money for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. The details of each account transaction;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes described in investigation reports (Attachment of the text of the judgment), two copies of the judgment, and replys to inquiries;

1. Criminal facts;

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