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(영문) 서울중앙지방법원 2019.05.29 2018고단7822
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 26, 2018, the Defendant was sentenced to 8 months of imprisonment for fraud, etc. at the Seoul Central District Court and 2 years of suspended execution, which became final and conclusive on February 3, 2018.

Criminal facts

The Defendant, which belongs to the fact that he is the South and North Korea, was the operator of the Swe Holdings “Swe Holdings” (hereinafter “Swe Holdings”), committed as if the Defendant jointly operates the instantwe Holdings along with T, and was willing to acquire money from the victim U, the constructor who was introduced through the church branch, who was the constructor.

The Defendant, around July 21, 2017, at the instant securities brokerage office located in Gangnam-gu Seoul, the Defendant concluded that “The instant securities brokerage office will undertake remodeling construction of the instant securities brokerage office, and to build a large-scale securities brokerage office with a height of eight stories high in W at Young-si. At present, if the monthly rent and operating expenses of the instant securities brokerage office are short of the amount of money, the Defendant would be responsible for the construction of the instant securities brokerage office and the construction of W W at the time of repair of the instant securities brokerage office.”

However, in fact, the Defendant did not operate the instant database jointly with T, and there was no authority to engage in the instant database remodeling project, and there was no authority to engage in the construction project, and the Defendant did not have any authority to engage in the construction project. At the time, even if the Defendant borrowed money from the victim, such as having no particular revenue or property and using the money received from the victim as Defendant’s separate criminal case agreement, personal debt repayment, etc., the Defendant did not have any intent or ability to allow the victim to enter into the construction contract, or to repay the money.

As above, the Defendant, by deceiving the victim, received 43 million won from the victim, to the account of Twit Bank designated by the Defendant at the seat.

Summary of Evidence

1. The defendant's legal statement that he borrowed 43 million won from the victim.

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