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(영문) 서울중앙지방법원 2017.10.25 2016고단7704
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 8, 2015, the Defendant made a false statement to the victim C at the Defendant’s house located in Gangnam-gu Seoul, Seoul around January 8, 2015, stating that “When operating a screen golf course together, the width to invest KRW 300,000 in KRW 50,000,000,000 in the inside, the additional entry money will be borne by the width, and the operation of the golf course will be borne by the width.”

However, the Defendant was thought to use the money received from the victimized party as other business funds and living expenses, and even if the victim invested KRW 50 million due to no particular property or income at the time, the Defendant did not have the intent or ability to operate the screen golf course by investing KRW 300 million in the amount of KRW 50 million.

Nevertheless, on April 23, 2015, the Defendant received a total of KRW 20 million from the victim, including KRW 30 million around May 4, 2015, from one bank account (D) in the name of the Defendant, and KRW 5 million from the victim.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. Application of the laws and regulations on response to financial transactions by one bank;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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