(영문) 서울중앙지방법원 2015.11.27 2015고단4763

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(영문) 서울중앙지방법원 2015.11.27 2015고단4763

사기

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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 2, 2008, the Defendant: (a) around D’s second floor E stores located in Jung-gu Seoul, Jung-gu, Seoul; (b) “In the state of attracting foreign capital of KRW 30 billion necessary to acquire the said building; (c) in order to obtain loans of KRW 30 billion, KRW 100 million is additionally required. In addition, the Defendant already invested KRW 170,000,000 in the loan cost; and (d) in addition, four investing KRW 100,000 in the loan cost, KRW 30,000 and may take over the G building with the loan. The Defendant would have paid two times in a week if the Defendant invested KRW 100,000,000. In addition, the Defendant would have invested KRW 200,000 in the forest located in Chungcheongnam-gu, Chungcheongnam-do. with acquisition of the said building and remaining loans.”

However, at the time, the Defendant had no particular property, and there was no investment in the cost of attracting foreign capital necessary for the acquisition of the said G building, and thus, even if receiving money from the victim under the pretext of investment in the acquisition of the said building, there was no intent or ability to pay twice the said investment money to the victim, or to invest KRW 2 billion in the said real estate.

Around March 31, 2008, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim as investment funds for the acceptance of the building at the 1st floor store near D in Jung-gu Seoul, Jung-gu, Seoul.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Each suspect interrogation protocol of the accused against the prosecution (including the part concerning the hearing statements of H and I among the second suspect interrogation protocol of the suspect interrogation, the part concerning the F among the third suspect interrogation protocol of the suspect interrogation, and the part concerning hearing statements of J among the fourth suspect interrogation protocol of the defendant, respectively);

1.The amount of KRW 170,000,000,000,000 invested by the suspect for the investigation report to K.

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