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(영문) 서울중앙지방법원 2015.11.06 2015고단4246
사기
Text

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

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

Reasons

Punishment of the crime

1. On March 2010, the Defendant made a false statement to the effect that “A victim C calls with a Handphone of the said victim on the date not later than March 2010 and pays KRW 1700,000 as monthly income from monthly income from the investment of KRW 100,000,000 to the effect that “A person who will fairly divide the disposal price when disposing D”.

However, even if the Defendant received money from the above victim, the Defendant did not intend to take over the beauty art room with the said money. In 2006, the Defendant promised to pay investment proceeds or the principal of investment from many persons, or operated E by lending money from the said victim in high interest. However, there were no sources of income arising from operational difficulties, and even if the Defendant received an investment from the said victim, the Defendant did not have any intent or ability to pay the investment principal or the principal even if having received an investment from the said victim, considering the Defendant’s financial status as the financial condition of the said victim, such as where there was no special property under the Defendant’s name at the time, and there was no intention or ability to pay the investment principal or the principal.

Nevertheless, the Defendant, from the above victim to the single bank account under the name of the Defendant, at KRW 25 million on March 31, 2010, and the same year.

4. 30.25 million won, 29.1 million won on December 29, 2000 on January 30, 201, and 30 million won on January 30, 201; and

1. The phrase “2010...” in the [Attachment Table 1, 2] Nos. 2 and 31.31.10 million won was remitted, and the phrase “2010.......” in the [Attachment Table 2] as “2013..”

Between March 31, 2010 and March 14, 2013, a total of KRW 110 million was remitted on six occasions during the period from March 31, 2010 to March 14, 201.

Accordingly, the defendant was given property by deceiving the above victim.

2. On March 2008, the criminal defendant against the victim F was running the beauty art room with investment of 10 million won from the father-gu C at around 10 million won.

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