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(영문) 서울중앙지방법원 2016.09.21 2016고정517
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 2014, the Defendant became aware of the victim B at the multi-level cosmetics sales presentation meeting around Mapo-gu Seoul Metropolitan Government around April 2014, and became dead, the Defendant is preparing for the cosmetic business to the victim.

In the U.S., the father and the father have not yet been able to pay money to the father and the father and the father and the father have been prudented and used for life.

In the course of the communication business, those who became aware of the communications business have also made an investment of KRW 1 billion in the cosmetics business.

In order to explain the project to investors, the cost of sampling shall be required, and if only 30 million won is lent, the investment or the father shall be paid immediately if he/she pays the money.

If money enters, it shall be used only for six months, and it shall be repaid by the end of October.

“Around April 21, 2014, with a new bank account (Account Number C) opened in the name of the Defendant from the injured party, the sum of KRW 20 million was transferred to KRW 10 million on April 26, 2014, and KRW 10 million on April 26, 2014.

However, at the time of fact, the Defendant did not have any property and revenue source to borrow the above money from the damaged party, and there was no intent or ability to repay the money, and the money received as above was used in all personal living expenses of the Defendant.

Accordingly, the defendant deceivings the victim, thereby deceiving 20 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes on the receipt of loans and the account statements of a new suspect;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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