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(영문) 서울남부지방법원 2015.08.06 2015고단826
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

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

Reasons

Criminal facts

[criminal power] On June 21, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for breach of trust at the Suwon District Court, which became final and conclusive on June 29, 2012. On November 28, 2014, the Seoul Southern District Court convicted him of committing a crime of occupational embezzlement on or around March 28, 201, and was sentenced to two years of imprisonment with prison labor for one year and six months and the above judgment became final and conclusive on December 6, 2014.

【Criminal Facts】

The defendant proposed that the victim C was defective through the land-sale business around August 2013 through the land-sale business around 2013, as the person who conducted the real estate sale business and proposed that the land-sale agency business in Gangnam-gu Seoul will take the position of the head of the above business from September 2013 to the victim.

On October 18, 2013, the Defendant stated, “If the Defendant invests KRW 10 million in the initial expenses for the reconstruction agency business in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant would use the money as business expenses and redeem the principal by adding up the profits to the principal until December 13, 2013.”

However, it is difficult for the defendant to carry out the above reconstruction agency project, and the defendant has already waived the above project, and if he has received the above investment, he would be able to use it for personal purposes such as hospital expenses.

The Defendant received 10 million won as investment money from the victim, namely, in the seat, from the victim, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The defendant alleged that the above money received from the victim is a mere borrowed money and that it was not acquired by money from the victim because the defendant paid it later. However, according to the evidence duly adopted and investigated by this court, the defendant is Gangnam-gu Seoul.

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