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(영문) 서울서부지방법원 2017.07.12 2016고단3951
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) purchased a publicly announced telecom with the victim C, the victim D, and the victim E, and entered into a joint agreement to distribute profits arising from the management of the publicly notified telecom in Seocho-gu, Chungcheongnam-gu; and (b) concluded a joint agreement with the Defendant to divide profits arising from the management of the telecom; (c) the Defendant invested each of KRW 53.4 million in KRW 53 million; (d) the victim C, the victim D; and (e) KRW 43.3 million in KRW 53 billion in KRW; and (e) the victim E, 53.3 billion in KRW; and (e) the Defendant, under the joint agreement entered into with the victims, was a person who is obligated to operate the business as a good manager and manage the property.

On November 14, 2014, the Defendant transferred KRW 42,30,000,000 remaining money remaining after remitting the down payment of KRW 161,000,000 to H by the seller of G building from the seller of G building around November 14, 2014 to his/her own account from the victim C. On December 9, 2014, the Defendant received the remainder of KRW 1,33,000,000,000,000,000,000,000,000,000 from the victim D, excluding the amount of KRW 53,33,00,000,000,00

As above, the Defendant embezzled the amount of KRW 52,30,000 for the victims of joint business, without using it as the intermediate payments and taxes of the G building, the original purpose of which is the joint business fund, at around November 14, 2014 and around December 9, 2014, at the announcement column of “G” located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and arbitrarily used it as its personal debt repayment, etc.

2. The fraud Defendant: (a) around January 22, 2015, at the “G” notification column located in the Northern-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) around 22, 2015, the victim I loaned the part payments of KRW 20 million due to the shortage of intermediate payments to the victim I. Domestic payment of the interest of KRW 400,000 per month.

In lieu of a loan certificate, the No. 510 No. 510 is prepared in the name of the son.

“Before making a false statement, it was drawn up a lease agreement with the victim that the victim and the above notice from January 26, 2015 to January 25, 2016 lease amounting to KRW 20 million.

(b).

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