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(영문) 서울중앙지방법원 2015.06.26 2015고단278
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

1. On March 20, 2009, the Defendant: (a) false statement of the victim’s lease business office located in Gangseo-gu Seoul Metropolitan Government, stating that “If the victim borrowed KRW 20 million as he/she needs to pay, he/she shall pay it after three days; and (b) he/she was transferred from the victim to the financial account in the name of the Defendant on the same day as the loan.”

However, since since 2007, the Defendant invested money in New Co., Ltd. in new Co., Ltd., but failed to recover the investment money, the Defendant did not have the intent or ability to repay the money even after borrowing it from the victim.

Ultimately, the defendant was given property by deceiving the victim.

2. On November 201, 201, the Defendant: (a) made phone calls to the victim on the part of the police officer, and received an appraisal report on E-Sa building operated by the victim at the request of an appraiser known to him/her; (b) made up for the amount of KRW 130 million as an honorarium; and (c) promptly return the said money if the appraisal is not made; and (d) received from the victim each of them as an appraisal cost, on or around December 22, 2011, the Defendant received from the victim, respectively, the amount of KRW 30 million as a reward and KRW 100 million as a reward.

However, the Defendant did not have the intent or ability to obtain an appraisal report of KRW 4.65 billion with the appraisal value, and there was no intention or ability to return the said amount to the victim in the event that the said appraisal value was not lower than the financial standing of the Defendant as stated in the above paragraph 1.

Ultimately, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the suspect against the defendant (including the cross-examination);

1. Statement of the police statement to D or F (including copies);

1. Application of the Acts and subordinate statutes to each cashier's checks, and a copy of passbook transactions by the National Bank.

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