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(영문) 수원지방법원 2016.01.27 2015고단3165
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 2, 2009, the Defendant was sentenced to a suspended sentence of two years in the Seoul Western District Court for criminal fraud, and the said judgment became final and conclusive on the 10th of the same month.

The Defendant, from around 1998 to September 2008, operated the Republic of Korea Incorporated Company F, Inc., Ltd., and the victim G was the vice president of H H, Inc., who is engaged in the terate fishery business from 1997 to 2006. The Defendant became aware of the victim by introducing I around 1998.

1. The defendant, around early 2003, in relation to the expenses of acquiring a hotel, lent money to the victim G from the mutual influorial car page in Gangnam-gu Seoul Metropolitan Government to the victim G as the defendant takes over a hotel business in the hotel if he lends money to the victim G as the expenses incurred in taking over a J hotel in the territory of the Switzerland are insufficient.

“To the effect that “the victim shall pay money to the Defendant continuously with the victim’s trust as he/she is proceeding smoothly with the business of acquiring a hotel of the Philippines.”

The note was made.

A. On March 2008, the Defendant: (a) called a phone to the victim on the insane and below the Philippines; (b) provided that “The expenses incurred in carrying out this Agreement on hotel acquisition; (c) used credit cards in the Philippines; and (d) borrowed the cash to pay the cash.”

“Falsely false.”

However, there was a lack of funds to accept a hotel, and there was no doubt as to whether to accept the above hotel because the defendant was unable to complete all the permission procedures for the casino business in the hotel, so even if he received money from the injured party, he did not have the intention or ability to engage in the business in the hotel from the beginning, and there was no intention or ability to pay the money from the victim because the financial situation of the defendant at the time is very difficult.

The Defendant, on April 5, 2008, remitted from the damaged party KRW 5 million to the national bank account (Account Number L) in the name of K on April 5, 2008, and KRW 5 million to the same account on April 7, 2008.

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