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(영문) 의정부지방법원 고양지원 2016.10.20 2016고단1329
사기등
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Justice] On May 12, 2015, the Defendant was sentenced to a suspended sentence of three years on the one year and six months of imprisonment for fraud, etc. at the District Court of Jung-gu on May 12, 2015, and the judgment became final and conclusive on May 20, 201

【Criminal Facts】

1. The criminal defendant was the birth of the victim C with the intent to borrow money from the victim and to prevent the return of the money, when the defendant borrowed money from the victims and failed to repay the money.

On March 3, 2011, the Defendant concluded that “The Defendant would return KRW 110 million including the principal, to the victim, within three months of borrowing KRW 100,000,000, including the principal, at the time of borrowing the principal,” in the E restaurant of the victim’s operation in the Seocho-si, Hongju.”

However, in fact, the Defendant did not have the ability or intent to deliver home shopping, and was trying to use the money that was paid by the victim for the debt amounting to KRW 350 million at the time.

Around the 14th day of the same month, the Defendant acquired 100 million won from the victim to the bank account in the name of F, the mother of the Defendant.

2. On July 201, 201, the Defendant: (a) received a request from the said victim to dispose of the said restaurant in an amount equivalent to KRW 100 million; and (b) subsequently changed the name of the said restaurant operator to the Defendant’s wife H.

Since then, the Defendant, while operating the above restaurant, transferred the above restaurant to I in the vicinity of the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Seoul Seocho-gu court for KRW 120 million to the victim and kept the above restaurant in custody of KRW 100 million among them for the victim, the Defendant arbitrarily used the above amount as operating expenses, such as “J” and “K,” which the Defendant operated.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the second police interrogation protocol against the accused;

1. C’s statement;

1. Performance angle and commercial building lease contract;

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