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(영문) 서울중앙지방법원 2016.02.12 2015고단4283
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 20, 2013, the Defendant was sentenced to a three-year suspended sentence of imprisonment for a violation of the Act on the Protection of Juveniles from Sexual Abuse, etc. at the Busan District Court’s Branch Branch Branch, and the judgment became final and conclusive on December 28, 2013.

On February 2, 2010, the Defendant was the victim G at the F hotel coffee shop located in Busan Shipping Daegu E on February 2, 2010 as “M&A-related company H adviser.”

A large amount of money may be imposed when investing money in the process of corporate merger.

1 billion won has been invested, which will be 5 billion won between 10 billion won and 5 billion won.

Since the business fund is insufficient, the loan of KRW 50,000,000 is changed. Accordingly, it will invest in the company A&W in the amount of KRW 450,000,000,000 in the amount of KRW 50,000.

In addition, the interest of KRW 5 million per month shall be paid, and the principal shall be paid within one year.

“A false representation was made.”

However, the defendant did not have invested KRW 1 billion in the process of the merger of the company at that time, intended to use the money received from the injured party as living expenses, etc., and there was no intention or ability to repay the money even if he borrowed money from the injured party due to no particular property at that time.

On February 11, 2010, the Defendant, by deceiving the victim as such, was transferred to the Busan Bank account in the name of the Defendant’s name, after deducting five million won from the victim as the borrowed money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the police statement related to G;

1. A complaint;

1. Investigation reports (the filing of a statement of financial transactions submitted by suspects and the analysis of details of transactions);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the fact that the reason for sentencing of Article 39(1) causes 45 million won and most damages have not been recovered.

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