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(영문) 서울중앙지방법원 2015.08.28 2015고단624
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 50,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On May 16, 2013, the Defendant was sentenced to two years of suspension of the execution of official duties at the Seoul Eastern District Court on June 201, and the said judgment became final and conclusive on May 24, 2013.

On June 9, 2011, the Defendant made a false statement to the effect that “The Defendant would return the money invested within three months and give 2% of the profit to the Defendant,” in the office of the victim C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to the effect that “The Defendant would return the money invested within three months if it invests KRW 50 million in the sales rent, and would return the money to the Plaintiff and give 2% of the profit.”

However, the fact that the defendant had not previously imported Masters, and did not supply Masters to Seoul's department stores, etc., but did not possess masters worth KRW 360,000,000,000. Moreover, even if he received rent KRW 50,000,000 from the victim, he could not refund the investment amount to KRW 50,000,000,000 within three months.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the account under the name of Korea Bank G Co., Ltd. (H).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and I;

1. Each prosecutor's protocol of suspect examination of the accused (including substitute part);

1. An investment agreement;

1. Previous convictions as indicated in the judgment: Criminal records, written judgments (Seoul Central District Court Decision 2012Meu1886), investigation reports (suspect's separate injuries, confirmation date of cases of obstruction of performance of official duties) and the application of Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act concerning the facts constituting an offense;

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