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(영문) 서울서부지방법원 2014.08.13 2014고단730
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 30, 201, the Defendant concluded that “E” clothing points for the victim’s operation “E” located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Mapo-gu, that “The Defendant may first withdraw KRW 10,000,000,000,000,000 per month by joining the platform run by the Party and joining the platform that “it is necessary to make money in order to run another business.”

However, in fact, the defendant did not have any property as a bad credit holder at the time, and the income of the defendant and her husband was 1 million won per month, while the debt of her husband was 70 million won per month, and the office deposit and rent operated by the defendant were difficult to be paid by her employees. Thus, even if the defendant joined the F operated by the victim and received the fraternity, there was no intention or ability to pay the fraternity normally.

Nevertheless, on July 8, 2011, the Defendant acquired 7,370,000 won from the victim to the her husband G account under the name of her husband.

2. On July 22, 2011, at the place indicated in the preceding paragraph, the Defendant concluded that “Around July 2011, the Defendant would deposit KRW 10 million to the victim with an additional share of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

However, the Defendant, as stated in the preceding paragraph, could not pay a normal deposit even if he subscribed to F, so even if he/she borrowed money from the victim, he/she did not have the intent or ability to pay it as agreed upon by the victim.

Nevertheless, on July 29, 201, the Defendant acquired 8.8 million won from the victim to the agricultural bank account under the husband G in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of prosecutorial statement concerning D. 1.

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