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(영문) 서울중앙지방법원 2013.07.24 2013고단2945
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(state)The defendant was a former C representative director.

Around June 2009, the Defendant: (a) at the (ju) C office located in Gangnam-gu Seoul Metropolitan Government D, the victim E, who was aware of himself as a business partner relation, had an apartment house with the amount of KRW 100 million, and was committed as if he had the ability to repay; and (b) had been made as if he had the ability to repay, the Defendant sent a phone to the victim for the phone, and the victim was called the victim to have the money borrowed; (c) the cost of living expenses and the cost of repairing boiler and the cost of repairing the boiler and the cost of paying the staff need to be paid; and (d) the money is required to be paid. The money was delivered to the customer; and (e) the money was paid one month after the delivery of the program to the customer. The money transferred to the account would be loaned; and

However, in fact, the defendant was not a real estate in his name, but a worker's pay was 2 to 3 months. The individual debt amounted to KRW 40 million to KRW 50 million, and even if he was paid the program price under circumstances that are insufficient to use it as operating expenses for the company's sales, he did not want to use it as the employee's pay and did not have any intent or ability to pay the amount to the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, and then deceiving the victim from the victim on June 2, 2009, KRW 500,000,000 around September of the same month, KRW 500,000 around July 17, 2009, KRW 150,000 around September 18, 2009, KRW 150,000 around October 6, 2009, KRW 20,000,000 around the 29th of the same month, and KRW 150,000,000 around November 27, 2009, by means of remitting the sum of KRW 27,50,00 from the Defendant’s account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of trade-related Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (Considering the reasons for the suspended sentence) (see, e.g., a decision of a sentence) of the Act on the Suspension of Execution (see, e.g., a decision of a sentence) is not more than KRW 100 million

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