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(영문) 창원지방법원 2016.06.16 2016고단897
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 20, 2015, the Defendant’s fraud related to investment in medical device business would offer the victim E a profit of 7-8% by investing money in the medium and medium medical device business at the D hospital located in the window C of Changwon-si, Changwon-si.

B. A false statement was made to the effect that it would have made an investment exceeding KRW 130 million.

However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent or ability to repay it, and some of the borrowed money was intended to use it as personal debt repayment, etc.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim on April 24, 2015 as the borrowed money from the victim, and acquired the total amount of KRW 90 million by the same eight times during the period from around that time to June 23, 2015, as shown in the attached crime list Nos. 1 to 8.

2. On July 2015, the Defendant received a cosmetic store against Chinese tourists by investing in a medical tourism duty-free shop located in Daegu, from the first patrolman on July 2015.

A false statement was made to the effect that the loan of 10% interest is given, and that the store will be assigned to the store later.

However, in fact, the defendant did not obtain medical tourism duty-free shops, and even if he borrowed money from the injured party, the defendant was planning to pay his personal debt without the intention or ability to pay the money.

As such, the Defendant, by deceiving the victim, received 6 million won from the victim under the pretext of the borrowed money on July 8, 2015, as well as obtained 35 million won in total through the same four times as the attached crime sight table Nos. 9 through 12 from around that time to July 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E.

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