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(영문) 서울남부지방법원 2013.05.08 2012고단4185
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 18, 2011, the Defendant was sentenced to two years of suspended sentence in the Seoul Northern District Court for the crime of unlawful use air defense, etc., and the judgment became final and conclusive on the 26th of the same month. On December 7, 2012, the Incheon District Court sentenced two years of suspended sentence to eight months of imprisonment for breach of trust at the Incheon District Court, which became final and conclusive on the 15th of the same month.

The defendant is a person who has run a food rental business.

On December 2, 2009, the Defendant made a false statement to the victim E to the effect that “A multi-household house is built in Jung-gu, Chungcheongnam-dong, Incheon Metropolitan City, and there is a lack of construction funds. If the Defendant borrowed money, he/she shall be paid as the completion of the construction and shall be added to KRW 20 million as interest.”

However, in fact, the multi-household housing corporation, where the defendant was in the Dong-dong in Incheon City, was expected to have a total of KRW 850,000,000,000 for land purchase price, and all other construction cost, etc., and was expected to have a total of KRW 2,00,000,000,000 for credit bad at the time, but the defendant had been performing the construction without any own capital, such as where national taxes of KRW 20,00,000 are in arrears at the time, so it was a structure in which the total amount of the construction cost is to be raised with loans or loans. Therefore, even if

As such, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim on December 25, 2009, KRW 10 million on or around December 26, 2009, KRW 30 million on or around January 11, 2010, KRW 30 million on or around January 13, 2010, and KRW 30 million on or around January 13, 2010, respectively, into an account in the name of F, and was delivered in cash as KRW 20 million on or around March 2010, and KRW 20 million on or around March 201, 200.

Accordingly, the Defendant acquired a total of KRW 140 million from the victim in the name of borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. F. E. among the suspect interrogation protocol of the accused against the prosecution.

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