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(영문) 서울중앙지방법원 2018.08.17 2018고단1210
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On March 21, 2016, the Defendant’s fraud committed on March 21, 2016, and around March 2016, at “D” coffee shop located in the vicinity of Gangnam-gu Seoul Station, Gangnam-gu, Seoul, to the victim E, “it is necessary to operate operating funds because it does not receive advertising expenses while operating the magazine, and it is necessary to set up KRW 3 billion with the capital for the payment of the premium to Pel, and if he/she lends money, he/she is required to pay the money up to April 15, 2016.

“.....”

However, the Defendant had no intention or ability to make a change within a short period of time, even if he borrowed money from the injured party, since there is a higher expenditure than revenue and excess of liability in the course of carrying on the business in Cambodia.

Nevertheless, the Defendant, as seen above, received from the injured party a false statement, and acquired the money from the injured party to the Defendant’s veterinary cooperation account around March 21, 2016, by transfer of KRW 40 million.

2. On May 16, 2016, the Defendant: (a) around April 2016, at the “G” restaurant located in the Gangnam-gu Seoul Metropolitan Government F, the Defendant paid money to the Victim E within one month from lending money.

“.....”

However, the Defendant had no intention or ability to make a change within a short period of time, even if he borrowed money from the injured party, since there is a higher expenditure than revenue and excess of liability in the course of carrying on the business in Cambodia.

Nevertheless, the Defendant, as seen above, received from the injured party a false statement, and acquired the money from the damaged party to the Defendant’s veterinary cooperation account, around May 16, 2016, the amount of KRW 18 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police for E;

1. The complaint details, the Kakao Stockholm dialogue content, the account transfer details (18 million won) and replies upon request of an investigative cooperation, and credit information inquiries.

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