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(영문) 서울중앙지방법원 2018.03.28 2017고단9009
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 7, 2016, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on February 17, 2017. On May 17, 2017, the Seoul Central District Court sentenced six months of imprisonment with prison labor for fraud at the Seoul Central District Court on September 9, 2017, and was in execution of the sentence. A person who operated a camping factory at Seosan-si in 2012.

around October 2012, the Defendant agreed to enter into a camping agreement with the local government even if it was prior to the loan of KRW 100 million due to the lack of the funds for camping factories, the Defendant would lend not only the principal but also the amount of KRW 200 million or KRW 300 million to the Plaintiff, which was known from around 2010 in the Textiles Seoul Jongno-gu Seoul Metropolitan Government 4th floor of the Fiber Group manufacturing D of the 4th floor of the building.

“Around November 4, 2013, 100,000 won was borrowed from E and “I shall be paid KRW 100,000,000 in one month from E’s birth, so I shall be entitled to receive KRW 100,000,000 in one month from E.

“.......”

However, the defendant did not have a contract finalized or scheduled in relation to camping car business, and did not have to receive KRW 100 million from the E's partner, and even if he borrowed KRW 100 million from the injured party as a camping car business fund, he did not have an intention or ability to repay it.

Nevertheless, as above, the Defendant: (a) by deceiving the victim; (b) received from the victim to the account in the F on August 21, 2013, the remittance of KRW 15 million from the victim; (c) and (d) received the total amount of KRW 81 million from November 4, 2013 to receive KRW 9 times from November 4, 2013 as indicated in the List of Crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some statements concerning the suspect interrogation protocol of each police officer against the defendant;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. The police of E.

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