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(영문) 서울서부지방법원 2015.11.05 2014고단3318
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 17, 2010, the Defendant stated that “A loan of KRW 200,000 to a company from a small or medium enterprise office shall be granted through a person who wants to obtain a loan of KRW 2 billion to a company from a small or medium enterprise office,” and that “A loan of KRW 20,000,000 to a free interest so that a loan may be granted to a company from a small or medium enterprise office, and a loan of KRW 3.5 million shall be repaid by October 31, 2010 on the face of a week.”

However, in fact, the defendant did not have the intention or ability to allow the victim to get a loan of 2 billion won, and even if he received the payment from the victim, he did not have the intention or ability to pay it.

Ultimately, around September 17, 2010, the Defendant received KRW 500,000,000 from the victim’s false statement from the victim, and received KRW 25,500,000 from the victim, a total of KRW 18,50,000 from the Korean bank account under the name of G (H) around 17:12 on the same day, and KRW 2,55,00,000 from the said G account around September 18, 2010.

2. On March 9, 2010, the Defendant requires sampling to receive orders from the victim at the office of the Defendant located in Gangnam-gu Seoul, Seoul, from related agencies, such as the Small and Medium Enterprise Administration and the Korea Federation of Small and Medium Business.

The delivery of the articles to reduce the money.

The term "assumed" was referred to.

However, the defendant did not have any intention or ability to pay the price even if he/she has been urged by the victim.

Ultimately, the Defendant, including the Defendant’s false statement to the victim, received 70,000 won worth of 70,000 won from the victim to March 6, 201, and received a delivery of 3,49,000 won in total from that time.

Summary of Evidence

1. Legal statement of witness D;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police and prosecutor's statement concerning D;

1. Copy of a cash custody certificate;

1. Account remittance receipt;

1. Application of Acts and subordinate statutes on trading goods;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Election of Imprisonment;

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