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(영문) 수원지방법원 성남지원 2015.04.17 2013고단3081
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 22, 2011, the Defendant made a false statement to the victim D’s apartment located in Gangnam-gu Seoul Metropolitan C Apartment 204 Dong 503, stating that “When investing KRW 110 million in an officetel located in Songpa, the Defendant will return KRW 10 million to two times. The victim previously lent KRW 60 million to B as investment money should be added to the amount of KRW 50 million.”

However, even if the defendant received the above money from the victim, he did not intend to invest in the officetel.

On August 22, 2011, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim as investment money and acquired it by defrauded.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by witnesses D in the third protocol of the trial;

1. Statement made to D by the police;

1. Application of each statute;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, the reason for sentencing of imprisonment selective sentencing, deposit KRW 10 million for the victim, but the victim’s severe punishment is deemed to be the victim because it has not been agreed with the victim, and the circumstances after the crime have been committed shall be determined as set forth in the text.

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