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(영문) 광주지방법원 2016.06.01 2015고단4957
사기
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 2012, the Defendant revised part of the facts charged to the victim E in the D office located in Gwangju Northern-gu Seoul Northern-gu, where “the Defendant has invested money in money in the clothes import business and Don farm operated by the Defendant.”

It stated that 10% of the profits shall be reduced, and even if no profits shall be made, a monthly interest shall be paid, and the principal shall be returned within one year.

However, at the time, the defendant did not have the ability to pay interest or return the principal even if he received money from the injured party, such as that he bears a large amount of 400 million won in connection with the new teaching district project.

Around April 24, 2012, the Defendant, as seen above, received a sum of KRW 10 million from the victim to the victim through the Defendant’s account in the name of the Defendant, and obtained a total of KRW 90,40,000,000 from the following seven times as indicated in the list of crimes.

The summary of evidence of crime inundation on April 24, 2012, 1,000 on April 25, 2012, 200 3, 201,675 4 May 8, 2012, 201, 11, 3,005 5, 400 on May 14, 2012, 200 6, 400 on May 14, 2012

1. Partial statement of the defendant;

1. Partial statements of E;

1. Copy of the protocol concerning the examination of the suspect against the defendant;

1. Non-prosecution decision;

1. The defendant and his defense counsel asserted that each of the registered matters is not deceiving the victim because they had intent and ability to repay each of the investment of this case.

However, the following facts acknowledged by each of the above evidence are: (a) the Defendant continued to engage in import business, such as the establishment of new districts, etc. from 2007 to the closure of business in 2013, and the cumulative amount of loss reaches KRW 1.2 billion; (b) the Defendant was suffering from financial difficulties at the time of receiving the instant investment money; and (c) the Defendant was in the name of Gwangju Northern-gu F site and its ground buildings (based on October 8, 2010) in the name of the Defendant Company D operated.

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