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(영문) 서울동부지방법원 2016.12.13 2016고단1947
사기
Text

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

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

Reasons

Punishment of the crime

On July 18, 2013, the Defendant, including the Victim C, D, E, F, G, H, I, J, K, L, M, M, N,O, P, 28 old accounts, 28 old accounts, 5 million won in total payment per unit, 140 million won in total, and at the same time, operated the successful bid amount of Q Q, R, R, and S under the name of “S”, i.e., three successful bid accounts.

On December 18, 2013, the Defendant offered the same attitude that the Defendant would continue to pay the fraternity to the victims even if he/she received the successful bid for the fraternity in Songpa-gu Seoul, Songpa-gu Agricultural and Fishery Products Wholesale Market.

However, the Defendant had no intent or ability to normally pay KRW 15 million to the bank account for the operation of the store, as the monthly gross income of Q “ Q” store was 15 million to its 15 million won, excluding the amount of KRW 20 million to its original state of management, and as such, the amount of the bank account’s liabilities was equal to KRW 20 million to KRW 30 million to KRW 30 million to KRW 80 million. On September 2, 2013, when the credit transaction amount and the loan amount were used in brain light-fluoring around September 2, 2013, and it was difficult to operate the store from that time because it was difficult to receive the credit account, such as the receipt of credit sales, etc., even if the Defendant received the payment of the credit amount, there was no intention or ability to normally pay KRW 15 million per month, a sum of the deposit amounts of the three preceding units of accounts.

Nevertheless, the defendant received the total sum of KRW 100,400,000 in attached Form 100,000 paid by the successful bidder, including the above victims on the same day, and acquired it.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each protocol of examination of the accused by the prosecution (including the statement of T and H);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a complaint, a written confirmation of receipt of the guidance, a written confirmation of receipt of the guidance, a non-receiving fraternity, and a list of guidances, an investigation report (Submission of a written confirmation of financial transactions and a written statement), a statement of ordinary deposit transactions, a confirmation of entry and discharge, a written diagnosis, an investigation report (11th guidance and telephone communications),

1. Criminal facts;

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