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(영문) 서울남부지방법원 2017.08.11 2016고단3677
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On July 14, 2011, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on August 8, 201, and the said judgment became final and conclusive on the 22th of the same month.

On December 18, 2008, the Defendant, at the coffee shop of a hotel near Gangnam-gu Seoul Metropolitan Government D on December 18, 2008, can view the victim E as profits from monthly profit if he/she re-lets it with a grass option, such as bed, sofind, sofind, and sofind.

In addition to the existing investment amount of KRW 49 million, 50,000,000 in addition to the existing investment amount of KRW 40,000 will be used for additional loan of officetels under the name of lease deposit, etc., and sub-lease it shall be paid 4,400,000 per month as profits.

“False speech was made to the effect that it was “.”

However, the Defendant had already reported a large amount of damages to the officetel sub-lease business at the time and had already reached a accumulated amount of money to KRW 100,000, and was subject to re-investment from the victim as above.

Even if there has been no reason to pay the rent of an officetel, so there has been no intention or ability to pay the profit of KRW 4.4 million per month as agreed by the victim.

Nevertheless, on December 18, 2008, the Defendant received 49,500,000 won from the bank account (G) in the name of the F Bank designated by the Defendant under the pretext of investment in the business of sub-lease of officetel from the victim, thereby deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by the police for E;

1. Police investigation reports;

1. A copy of the agreement, a copy of the statement of each tel pool option, a copy of the performance agreement, a copy of the letter, a copy of the payment plan, a copy of the payment plan, and a copy of the payment plan;

1. Previous conviction: Application of the Act and subordinate statutes to inquire about the defendant's criminal history;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. To treat concurrent crimes;

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