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(영문) 서울중앙지방법원 2013.07.04 2012고단5169
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 21, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on March 1, 2013.

In around 2007, the Defendant invested funds in the C business with a total of KRW 700 million from B, etc. and the Cheongcheon-dong apartment execution business, etc., which led to the division of education and redemption of principal and interest, and attempted to acquire money by borrowing money from a victim D as if he purchased a high-class car with a high-class foreign car.

On December 16, 2007, the Defendant stated that “The Defendant would purchase the F Office operated by the Defendant located in Gangnam-gu Seoul, Seoul, with a vehicle in the middle and high speed car sales in 2006, the Defendant borrowed KRW 50 million out of the vehicle price of KRW 120 million, and would make a loan of KRW 50 million out of the vehicle price of KRW 120 million, and pay KRW 50 million out of the loan of KRW 50 million out of the loan.”

However, in fact, the defendant was required to pay the debt without the intention or ability to purchase the car, and at the time there was no intention or ability to pay the debt to KRW 700 million and there was no other property or ability to pay the debt from the victim even if he borrowed the money from the victim.

On December 18, 2007, the Defendant acquired 40 million won from the victim through the national bank account in the name of the Defendant through the bank account in the name of the Defendant from the victim and acquired it through money borrowed.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. Statement made by the prosecution against D (including the part concerning the defendant's statement);

1. Investigation report (new comprehensive investment adviser G telephone investigation) and investigation report (creditor B telephone investigation);

1. Certificates of cash custody;

1. Application of case search, Seoul Central District Court 201 High Court 201 High Court 6169 statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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