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(영문) 의정부지방법원 고양지원 2013.05.22 2012고단913
사기
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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. On March 22, 2007, the Defendant: (a) lent KRW 150 million to the victim E at the office of the Co., Ltd. D in Seocho-gu Seoul, a defendant in Seocho-gu, to pay KRW 100 million; (b) upon entering into a joint venture agreement with the English company, it is possible to immediately repay; and (c) on the grounds that there are many clothing goods in the company warehouse, it is possible to immediately repay the said goods; and (d) received money from the victim to the one bank account in the name of D Co., Ltd. operated by the Defendant on the same day on the same day.

However, in fact, even after July 17, 2006, when the UK investment company decided to remit money from the English investment company, it did not enter the investment amount to D, and there was no investment contract thereafter. Since D's bonds and clothes are offered to creditors as collateral, it did not have the intent or ability to repay even if the Defendant borrowed the above money from the victim.

In the end, the Defendant deceivings the victim as above and acquired 150 million won from the victim.

2. On May 7, 2007, the Defendant made a false statement to the victim E at the above D office that “I will pay and return money to the victim E per week. I will give 40% interest and make a repayment to the money borrowed at a low time. I received 220 million won from the victim on May 8, 2007.”

However, even if the defendant borrowed the above money from the victim, he did not have the intent or ability to repay the money as described in paragraph (1).

In the end, the Defendant deceivings the victim as above and acquired 220 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. The prosecutor's statement concerning G;

1. Statement of the police officer of E and accusation of E;

1. Deposit certificates of passbooks without passbooks, and notarial deeds of bills;

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