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(영문) 수원지방법원 성남지원 2017.05.11 2016고단3811
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On December 14, 2010, the Defendant concluded on December 14, 2010, that “Around 14:00 on December 14, 2010, the Defendant: (a) transferred the D museum located in Sungnam-dong, Sungnam-gu, Sungnam-gu, Incheon, to a city-si; and (b) was running a business to create Hanok Village and the temkemke. The Defendant, the director of the above museum, transferred the down payment amount of KRW 420 million to the E doctor’s degree, who was already sent the down payment of KRW 450 million, and KRW 30 million, KRW 30 million,000,000,000,0000 for several months per week.”

However, there is no fact that the Defendant sent KRW 420 million to E- doctorates, and there was no intention or ability to carry out the business normally, such as not securing basic property or site for carrying out the business as above, and even if the Defendant borrowed money from the damaged party due to no special property or income, there was no intention or ability to complete the business.

Nevertheless, the defendant deceivings the victim by the above method and caused the victim to remit 30 million won to the account in the name of E (post office, F) on the same day.

2. On December 28, 2010, the defrauded made a false statement on December 28, 2010, 201, stating that “The Defendant would make a repayment up to January 31, 2011 by adding up KRW 30 million that he/she previously lent KRW 75 million to the victim C in the “H restaurant” located in G with the wife population G at Chicago-si: Provided, That the Defendant would make repayment up to January 31, 201.

However, the defendant did not have any intention or ability to repay money even if he borrowed money from the damaged party due to the absence of any special income or property.

Nevertheless, the defendant deceivings the victim by the above method and received cash KRW 75 million from the injured party, i.e., he/she received from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (includingC statements);

1. Statement made by the police with regard to C;

1. Each investigation report; 1.1.

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