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(영문) 수원지방법원 안양지원 2019.02.20 2017고단2257
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2015, the Defendant made a false statement to the effect that, by introducing B, the victim C at a coffee shop located in the vicinity of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu, the Defendant is promoting the hotel business at ordinary house by operating D’s real estate events. In order to prepare a down payment for the hotel land, the Defendant would attract foreign capital in Hong Kong, and would allow 300 million won to be used from among the remaining money after attracting foreign capital 3 billion won within 15 days if he/she lends 50 million won to foreign capital at the expense of attracting foreign capital.”

However, even if the Defendant received KRW 50 million from the victim, it was thought that he would use it regardless of the business of the hotel in question, such as lending KRW 30 million to E and lending KRW 14 million to B, and there was no intention or ability to use it to attract foreign capital in connection with the business of the hotel in question. The Defendant did not have any experience or any specific and feasible plan without any particular capital, and there was no intention or ability to use it for the victim or to repay the amount borrowed from the victim.

The Defendant, as such, by deceiving the victim, received KRW 50 million from the victim to the corporate bank account in the name of D Co., Ltd. on December 3, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Grade B of the protocol of interrogation of the accused by the prosecution

1. Part C of the protocol of interrogation of the police against the accused (second time)

1. Each police statement concerning C and B;

1. Details of complaint, account transfer and receipt;

1. A remittance certificate, a business registration certificate (D), or a plan for the development of a hotel for Pyeongtaek;

1. In relation to the investigation report D inquiry, attachment of E-related non-prosecution decision, F.

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