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(영문) 서울남부지방법원 2015.06.24 2014고단3778
사기
Text

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

Reasons

Punishment of the crime

On July 30, 2011, the Defendant invested KRW 200,000 in the form of lending KRW 200,000 to C which promoted the new construction of collective housing at Ansan-si, but was unable to be repaid, the Defendant solicited victims E who run D Co., Ltd. to invest in the said business and had the victim receive money from said C when investing money in the said business.

Accordingly, the victim agreed to make an investment of KRW 1.3 billion on the condition that he/she acquires 51% of the shares of the F Co., Ltd. of C around December 201, and the defendant agreed to receive a return of KRW 300 million with the principal and interest of KRW 200 million with the above C and the above KRW 300 million. On the 30th of the same month, the victim was paid KRW 180 million from C.

The defendant around January 31, 2012, at the office of the victim management D Co., Ltd. in the third floor of the Seocho-gu Seoul Metropolitan Government G Building, there is a lack of KRW 120 million out of part payments to be paid to the victim.

If the apartment is leased with money, the apartment is leased to the same year.

2.15. He/she is required to pay the bond immediately;

‘Falsely speaking to the effect that ‘’ was false.

However, the Defendant had no intention to directly repay the said money to the victim only by asserting that the victim would offset the remainder of KRW 120,000,000,000 that the victim would receive to C out of the amount of investment to C in the future.

Accordingly, the defendant received 120 million won from the victim to the new bank account in the name of H, which is the defendant's child, from the victim and acquired the money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, I and C;

1. Partial description of each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Partial description of each police suspect examination protocol (including cross-examination) against the accused;

1. Statement of the police statement to J;

1. A complaint;

1. Investigation Report (Attachment of the detailed statement of the passbook in the name of K - The defendant and defense counsel shall be the defendant.

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