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(영문) 서울중앙지방법원 2013.05.24 2013고단1923
사기
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who operated a business office in Suwon-gu, Busan from June 2005 to April 2009.

On January 1, 2009, the Defendant stated that “A victim E, who started to work as a member of the above business office from October 2008, had been a victim E, who had been working as a member of the above business office, shall be paid KRW 1,00,00 won as interest per month, and shall be paid KRW 60,000 won per vehicle sold at the business office every month if he invested KRW 1,20,000 in the business office.”

However, at the time, there was little profit in the above D Business Office operated by the Defendant. The Defendant already borrowed KRW 30 million from F in terms of operating expenses of the business office from February 5, 2007 to August 28, 2008, and borrowed KRW 194.8 million from G from February 5, 2007 to August 28, 2008, and paid interest at an average of KRW 900,000 per month to F in terms of interest, and there was no intention or ability to pay the said money even if there was no other property owned by the Defendant, with the said money borrowed from the victim.

Around January 7, 2009, the Defendant got cash of KRW 30 million from the victim, and around February 3, 2009, the Defendant had the victim transfer KRW 50 million to the bank account in the name of H and KRW 33.5 million to the new bank account in the name of H, and received KRW 6.5 million in cash on the same day, and received KRW 120 million in total twice.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notarial deed or monetary loan for consumption;

1. Investigation report (general)-Loan-related documents;

1. Details of the business of the suspect in the investigation report as D.

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