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(영문) 서울서부지방법원 2017.09.29 2016고단4014
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On November 30, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Western District Court, and the said judgment became final and conclusive on July 14, 2017.

around July 16, 2015, the Defendant is proceeding with the victim E members of the victim’s D operation on the fourth floor of the Gangnam-gu Seoul Metropolitan Government C building in the process of exporting “G” to Japan due to the connection of Japan while operating “G currently in the Republic of Korea”, and is proceeding with other performance projects and various projects.

In order to carry out these projects, an office is required.

As the project is now well-grounded, it is false that it will receive investment in the business fund and repay it after one week, so that it will lend money to the office rent deposit.

However, the defendant did not have the intent or ability to repay the borrowed money to the victim because he/she did not proceed with the export business of Eul to Japan or because he/she did not have the ability to receive the business funds

As such, the Defendant, by deceiving the victim, received KRW 5,20,00 from the injured party as the deposit money for lease, and obtained a total of KRW 83,148,190 from around that time to September 14, 2015, as shown in the list of crimes in attached Form 10 times.

Summary of Evidence

1. The defendant's partial statement (recognition of receipt of money);

1. Legal statement of the witness D;

1. Part D of the protocol (two times) concerning the interrogation of the suspect against the accused;

1. Inquiry of transaction details, inquiry of past transaction details, business registration certificate, certified copy of corporate registry, Kakao Stockholm dialogue content, lease contract, G-related contract, and G-related photograph;

1. Investigation report (to telephone conversations in charge of H, to telephone conversations in I-Leaseed Buildings), investigation report (to forward separate fraudulent cases, and to analyze the sources of damage and damage);

1. Previous convictions: The Defendant’s inquiry about criminal history and the assertion of the Defendant and the defense counsel received money from the injured party, not the borrowed money, shall be the investment money received by the injured party with the intent to operate the medical business sector as a partner with the injured party.

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