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(영문) 서울동부지방법원 2015.10.08 2014고단887
사기
Text

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

Reasons

Punishment of the crime

[Attachment] On June 16, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court, and the said judgment became final and conclusive on October 14, 201.

[Defendant’s event room] around April 27, 2007, at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government, the Defendant made a false statement that “Korea-Korea Industrial Development Corporation (hereinafter “Korea-Korea Industrial Development”) is running the H construction business in Dongbcheon-si, Dongbcheon-si (hereinafter “instant business”). At the time of acquisition of this company and implementation of the business, the Defendant may make profits of more than KRW 2 billion. The Defendant would make profits if he pays money short of KRW 310,00,000 of the acquisition fund of this company, and would distribute the profits to 5:5.”

However, even if the defendant received money from the victim as the price for the acquisition of the above company, he was thought to pay his debt or use it as living expenses.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim to the Agricultural Cooperative (J) account in the first name.

Summary of Evidence

1. Each legal statement of witness K and L;

1. Statement made by a witness F in the fifth trial records;

1. Statement made by a witness I in the sixth protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including F)

1. A certified copy of the register of a corporation, a corporation, and a stock transfer/acquisition contract, each salesroom-to-be book, each salesroom-to-be book, each receipt, each performance book, each copy of the land register, each of the original financial transactions of the corporation;

1. Previous convictions in the judgment: Criminal records and investigation reports (a report on the binding of criminal records and investigation reports): The summary of the defendant's defense counsel's assertion: the defendant has the intent and ability to proceed with the business of this case by accepting the development of the Korea-Japan industry, and the defendant has received ordinary investment money from the victim F, which he introduced according to L's leading, and did not mislead the victim.

Judgment

The evidence stated in the judgment below is the same.

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