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(영문) 서울중앙지방법원 2016.04.15 2015고단6645
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 2010, the Defendant made an investment of 500 million won in the victim’s office in Gangnam-gu Seoul Special Metropolitan City B building C, Inc., the 10th floor of the victim’s 10th floor of Gangnam-gu, Seoul, as the Defendant tried to operate the E Game Chapter in the Daztan. Other investors will make an investment of 500 million won.

500 million won made a false statement to the effect that E will provide 25% of the equity in E business place, and that the principal will be repaid within six months. On July 1, 2014, the Plaintiff made a false statement to the effect that “H had already invested 300 million won in G office of the Gangnam-gu Seoul, Seoul, the first floor victim management company of the 1st floor underground of the separate city, “The 500 million won will be invested, and 500 million won will be invested.”

However, the Defendant had not received 300 million won investment from H around that time. At the time, the Defendant had no special property and had to pay 300 to 4 million won every month with living expenses, etc. in a state without any specific income. The Defendant had been borne by the wife I.

There was no way to repay the debt of KRW 150 million with borrowed money, with the intent to spend the money received by deceiving the victim as the repayment of the above borrowed money, living expenses, etc.

On July 4, 2014, the Defendant received 300 million won from the victim’s new bank account under the name of the Defendant.

Accordingly, the defendant deceivings the victim and defrauds 30 million won.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement ofC);

1. Application of the police statement protocol law to C

1. The grounds for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts [the scope of recommending punishment] are the types 2 (at least KRW 100 million, less than KRW 500 million) and the area of mitigation (from October to February 6) [the person who is specially mitigated] [the person who is not subject to punishment or whose considerable damage was restored [the decision of sentence] but agreed with the victim.

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