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(영문) 서울서부지방법원 2016.08.24 2015고단3232
사기
Text

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

Reasons

Punishment of the crime

On March 12, 2009, the Defendant made an investment of KRW 100 million in relation to the HH shopping district sales agency business located in Seodaemun-gu Seoul and the F Association office in Seodaemun-gu, Seoul around March 12, 2009 to the victim G, saying that the head of the association who is the authority to decide on the selection of the sales agency will have the right to operate the sales agency to the party.

I now has a body in the Ampha hospital, and the internal family association is acting as an agent for the president of the association, and now, the above commercial building has a medical institution established in the above commercial building, and there is also no No. 101 of the Seodaemun-gu Seoul Metropolitan Government and No. 1 of the first floor in H commercial building as security for investment funds.

The phrase “ makes a false statement.”

However, on August 29, 2008, the Defendant agreed to invest KRW 500 million in I to proceed with the sale agency business, and if it is not possible to procure KRW 500 million, the Defendant did not have the ability to grant the right to operate the sale agency business to the victim. The H shopping mall 101, which was offered as security for the investment money, was substantially below the value of collateral due to the registration of multiple collateral security creation and provisional seizure.

Nevertheless, the defendant did not notify the victim of the above facts, and by deceiving the victim as above, and caused the victim to remit KRW 100 million to the I account under the following name on March 13, 2009.

Accordingly, the defendant deceivings the victim and let I deliver the property.

Summary of Evidence

1. Each legal statement of witness G and I;

1. Statement of each part of the protocol concerning the interrogation of the accused by the prosecution (including each part of the G and I for the examination of the accused);

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Each police statement in relation to G and K (with the recognition of admissibility of evidence in accordance with Article 314 of the Criminal Procedure Act on the ground that his/her whereabouts are unknown and unique circumstances are recognized);

1. A certified copy of the registry, an investment agreement, and a copy of the passbook (I) (the defendant and his defense counsel did not have any talk to the victim as stated in the facts charged.

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