(영문) 수원지방법원 여주지원 2016.02.01 2015고단702

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(영문) 수원지방법원 여주지원 2016.02.01 2015고단702

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, around April 201, proposed that the Victim C acquire a D Development Project license from the original State of the State, and have a right to carry out the Project, and that the Defendant would prepare 100 million won with the investment money.

Accordingly, the victim prepared 100 million won around July 12, 201 and the defendant prepared the same day from the F office located in Gangdong-gu Seoul Metropolitan Government on the same day to use "the original 100 million won for our business expenses" for the victim's business expenses.

If a debtor fails to repay his/her debt, he/she could be detained, so that he/she would have to repay his/her debt 10 days after lending money as soon as possible.

However, the facts are that the Defendant only agreed on the prime city and D development project, but did not have acquired the above business license from the prime city, and there was no capacity to procure the business funds necessary to obtain the above business license, and therefore there was no intent or ability to grant the right to perform the above business as promised by the victim. Therefore, there was no other self-sufficiency, so there was no intention or ability to repay the funds borrowed from the victim.

On July 12, 201, the Defendant: (a) by deceiving the victim; (b) received KRW 40 million from the victim; (c) remitted KRW 10 million to the account under the name of the Defendant on July 13, 201; (d) received remittance of KRW 10 million to the account under the name of the Defendant on July 13, 201; (c) received KRW 2 million from the Defendant’s account under the name of the Defendant on July 24, 2011; and (d) acquired KRW 63 million in total by receiving KRW 1 million from the account under the name of the Defendant on August 11, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (including the C statement);

1. Statement made by the police against C;

1. A complaint;

1. A business agency contract, agreement, minutes, self-checks, deposit details, account transaction details, receipt;

1. Investigation Report (to telephone conversations with the head of I and telephone conversations with the head of original office).

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