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(영문) 서울동부지방법원 2015.09.24 2015고단1394
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant pays 220,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

The Defendant, through D (Marriage, marriage on July 22, 2014, and divorce on December 15, 2014) with the victim C (the 68-year-old)’s wife who is engaged in the closed collection and collection business around October 27, 2014, intended to take money from the victim by taking advantage of investment profits from the victim’s in the first floor of the Seoul Jongno-gu EF building underground, and presented a copy of the agreement on the acquisition of shares and shares of management rights of H on July 26, 2010 to the victim (the victim is proceeding with the tourism leisure development business in Incheon, and investment of KRW 20,000,000,000,000).

However, in fact, the above H had already been in a bankruptcy state at the time of the above agreement, and the Defendant did not normally undertake the G Tourism Leisure Development Project. Therefore, even if receiving money from the victim, it did not have any intent or ability to make profits as agreed upon.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 220,000 from the victim a sum of KRW 22,20,000,000 for checks under the same day of investment.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement by the prosecution against C;

1. Partial statement of each police suspect interrogation protocol against the defendant;

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement of C;

1. Report of investigation (to attach screen pictures for search of cases of courts);

1. Details of issuing cashier's checks;

1. Application of Acts and subordinate statutes to D's written confirmation (No. 4).

1. Relevant Article 347(1) of the Criminal Act concerning facts constituting an offense, Article 347(1) of the choice of punishment, Article 1 of the Imprisonment, Article 25(1) and Article 31(1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Declaration of Provisional Execution: The applicant for compensation

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