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(영문) 의정부지방법원 고양지원 2017.01.12 2016고단1267
사기
Text

Defendant

A shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

On January 6, 2010, Defendant A told the victim G to the effect that “it is necessary to pay money on the upper line of the microfinance in relation to the free franchise business, so it is necessary for Defendant A to lend money.”

However, as stated in the above 1, Defendant A did not have any intent or ability to pay the money properly even if he borrowed the money from the injured party.

Defendant

A was transferred 33 million won to the Saemaul Treasury Account in the name of the defendant on January 6, 2010 from the injured party.

Accordingly, the defendant obtained money from the damaged person and acquired money.

Summary of Evidence

1. The defendant A's partial statement

1. Application of the relevant Acts and subordinate statutes to witness G;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] General Frauds No. 1 (6 months to one year and six months) [the decision of sentencing] (the decision of sentencing is not a small amount]. However, it is judged that the nature of the money is less than a pure loan loan, but it is not a pure loan, and that there is a little degree of character of the investment fund rather than a pure loan, the portion of not guilty of Defendant A’s deceptions as it appears that Defendant A’s private road is dolusent with the suspended sentence.

1. The summary of the facts charged is that the Defendants engaged in a partnership business to use the franchise business, and the Defendants borrowed money in the name of the business fund from others to use it together.

The Defendants, at the early influence on November 2009, provide a loan of KRW 50 million for each member shop established by the Government when the Defendants registered a franchise business to the microcredit operated by the Government.

However, high-income can be paid in collecting franchise franchise member shops.

It is necessary to provide us with a security to lend business funds, and pay high profits after 3-4 months after paying high profits by carrying out a franchise business.

“The meaning of “ was the same.”

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