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(영문) 수원지방법원 안산지원 2015.01.23 2013고단2936
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 1, 2009, the Defendant rendered a false statement to the victim G, which was known through the Internet hosting site of the F entertainment tavern neighborhood in Gangnam-gu, Seoul, that “F was 30% off business profits,” and H would be able to move to H as it is in excess of 20% off to H. However, if you go to H, the amount of damage in F must be repaid, and the amount of KRW 30,000,000 is required. In addition, the degree of 10 of ASEAN is H, and the amount of 10 of ASEAN is h, and the amount of 20,000,000 won is 20,000 won, alone, to be used for the payment of the operating profits.”

However, in fact, the Defendant did not have the ability to pay ten persons with H entertainment taverns, and there was no ability to pay the personal debt even if he borrowed money from the victim.

On April 30, 2009, the Defendant, by deceiving the victim as such, received KRW 6,00,000 from the victim to the Agricultural Cooperative Account under the name of the Defendant’s designated as the borrowed money.

In addition, the Defendant received a total of KRW 49,00,000 from around that time to July 17, 2009 by means of the same manner as indicated in the list of crimes in the attached Table seven times.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G and I's respective legal statements;

1. Each prosecutor's office and police interrogation protocol of the accused (including G statements);

1. The police statement concerning G;

1. A complaint;

1. Details of remittance of bankbooks;

1. The Defendant alleged that he did not borrow money from the victim as stated in the facts constituting the crime. However, according to each of the above evidence, the Defendant 1 and 2 annually worked in entertainment taverns with I and 1, the Defendant: (a) first met the victim at the Internet hosting site called Burdidi, around March 2009; (b) first introduced the victim with another entertainment tavern called H; and (c) the Defendant requested the victim to pay the existing debt to the victim for the purpose of moving the victim to H.

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