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(영문) 부산지방법원 2016.12.22 2015고단2774
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who actually operated corporation D for the purpose of corporate investment, etc. in Gangnam-gu Seoul Metropolitan Government.

Around 14:00 on March 3, 2012, the Defendant made a false statement to the effect that “B operates an international financial business in the United States, and if he retires at the end of May, 200, 3.7 billion won would be paid as retirement allowance. Before that, the Hong Kong bank would become a company. Around that time, KRW 200 million would be urgently required as a security deposit for the mining area development of the region. Around 200 million won, the Defendant would return KRW 50 million at the end of May, if he/she lends KRW 200 million.”

However, the defendant was not a person operating international financial business in the United States, and did not receive 3.7 billion won of retirement allowances, and there was no fact that he had induced overseas investments from the Hong Kong bank.

In addition, the defendant was thought to invest the money received from the victim in an affiliate company engaging in cosmetic business, or to make a simple re-investment in a company engaging in mine development.

In addition, the defendant at the time did not have any intention or ability to make a return of KRW 500 million even if he received money from the victim because there was no clear business plan in the situation where he did not make any profit or gain any profit.

As above, the Defendant, by deceiving the victim and deceiving the victim on the pretext of the borrowed money from the victim, obtained a total of KRW 200 million from each remittance of KRW 150 million on March 14, 2012, KRW 27 million on the 20th of the same month, and KRW 23 million on the 29th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness E and F in the second protocol of the trial (the defendant denies the crime, but the contents of the witness's testimony are consistent with the facts charged and credibility is recognized);

1. Partial statement of witness G in the third protocol of trial;

1. Application of the Acts and subordinate statutes to the complaint;

1. Criminal facts;

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