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(영문) 서울북부지방법원 2012.11.15 2012고단645
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

While the Defendant was working as a regular business in the entertainment tavern of the trade entertainment tavern of Dongdaemun-gu Seoul Metropolitan Government D, the Defendant saw the victim E, who was known to the general public, as an investor of the said entertainment tavern, and received money from the victim as the investment money of the said entertainment tavern and received money from the victim.

Around June 2010, the Defendant made a false statement to the victim of the said entertainment drinking house that “The proprietor of the said entertainment drinking house is a snick village, and the shares of B are KRW 15 million per month, and the Defendant received KRW 3 million per month. When investing KRW 30 million to B, the Defendant would pay KRW 1 million per month’s monthly income and the principal KRW 30 million by September 30, 201.”

However, the above entertainment tavern business is not the defendant's private village, but the defendant did not make an investment as a Guwater, and even if he received the above money from the victim under the pretext of investment, he did not have the intent or ability to pay the profits to the victim by using it as the investment money for the entertainment tavern.

The Defendant received KRW 30 million from the victim on September 30, 2010, check from Dongdaemun-gu Seoul Dongdaemun-gu Seoul.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and G;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Application of Acts and subordinate statutes to letters, notarial deeds;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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