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(영문) 서울동부지방법원 2017.02.16 2016고단266
사기
Text

The defendant is sentenced to 1 year and 10 months of imprisonment for each fraud against the victim D, E, F, G, and H, and the victim I.

Reasons

Punishment of the crime

On March 31, 2014, the Defendant was sentenced to imprisonment with prison labor at the Seoul Eastern District Court for fraud and on April 8, 2014, which became final and conclusive on April 8, 2014.

The Defendant, on October 12, 2012, by deceiving another person in around 2007, and deceiving approximately KRW 1200,000,000 as the main loan in Gangnam-gu Seoul J, was indicted on October 12, 2012. The Defendant failed to pay damages to the victims of the instant case. In addition, even though the Defendant was under preparation for opening the age club in the name of “L” in Seoul Dongdaemun-gu, Seoul, but was in need of approximately KRW 1,70,00,00 in the name of “L”, he was still in preparation for opening the club, but he did not have the ability to pay some of the premiums and deposits with the funds financed by the Defendant’s own without any property. Since there was only a remote plan to return to a large number of others for investment, or to raise funds with a short-term loan, the Defendant did not have the ability to pay the investors and the lender a high amount of investment in the age club within a short period even if he received the money from another person as the equity interest in the club or loan.

Nevertheless, the Defendant, while hiding the aforementioned circumstances on September 11, 2012, told the victim D that “it is scheduled to open the age club to the Dongdaemun-gu Seoul Metropolitan Government K within 2-3 months, while giving an investment share and giving a president of the business to make a high profit,” and he received a remittance of KRW 50,000,000 from the above victim D from September 11, 2012 to May 15, 2014, the Defendant acquired the total amount of KRW 879,90,000 from six victims, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each of the witness G, M, E, F, N, andO.

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