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(영문) 서울중앙지방법원 2014.09.24 2013고단895
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On September 26, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court for fraud, which became final and conclusive on October 5, 2012.

1. On July 13, 2011, at the D office operated by the Defendant in Gangnam-gu Seoul Metropolitan Government, the Defendant made a false statement to the effect that “The Defendant would distribute monthly profits to the victim E if he/she invests in the H store of Gululdong Wholesale Center in F in Chungcheongnam-si operated by D, and if he/she invests KRW 10,000,000, he/she would distribute 7% of the investment amount to monthly profits as monthly profits.”

However, at the time, the Defendant did not provide a specific financing plan for the operation of the pertinent Gullet wholesale center, such as there was no specific plan to raise the balance of the rent deposit, etc., while starting the operation of the pertinent Gullet wholesale center, and there was no specific property or income in the situation where there was no business plan to distribute the profits that the Defendant promised to pay to the victim every month through the operation of the pertinent Gullet set, and there was no intention or ability to return the investment money.

As above, the Defendant, by deceiving the victim, obtained cash of KRW 10,000 from the victim on July 15, 201, and acquired it by deception.

2. On August 25, 2011, the Defendant made a false statement to the effect that “The Defendant would distribute 5% of the investment amount to the victim E with monthly earnings if it invests 10,000 won in I of the Gaul Wholesale Center I” at the above D office.

However, the defendant did not have any intention or ability to return the profits promised to the victim, or to return the investment money, in the situation like the above paragraph (1).

As above, the Defendant, by deceiving the victim, obtained 10 million won in cash from the victim in the seat, and acquired it by fraud.

Summary of Evidence

1. Part of the prosecutor's protocol of interrogation of the defendant

1. A protocol of suspect of the police against J (including attached materials);

1. Statement to E by the police;

1. A previous conviction in judgment:

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