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(영문) 서울남부지방법원 2012.12.26 2012고단589
사기등
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

1. Around 14:00 on February 1, 201, the fraud Defendant: (a) at the coffee shop in front of the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu office, Seocho-gu, Seoul, “D is going to go to the Republic of Korea by coming to go to the Republic of Indonesia at this time, and obtained B/G investments from Indonesia; (b) thereby, the Defendant is entitled to receive investments of KRW 90 billion. At this time, D is ultimately going to go to Indonesia; (c) therefore, D is to go to and back to Indonesia, and therefore, (d) KRW 20 million should be delivered to D at its expense. If the inside of Korea is invested KRW 90,000 from D, then the victim would make an investment in the said money with the funds for the apartment project.”

However, the Defendant had not obtained prior approval from D with regard to the case of attracting the victim’s above investment, and the Defendant had already invested more than KRW 300 million in the said Indonesia International Fund Investment, etc., and did not intend to use part of the said funds to be arbitrarily recovered through the victim through the victim for the purpose of D’s expenses, etc. As such, even if said funds were invested in KRW 20 million from the victim, the Defendant did not have any intent or ability to invest KRW 90 million in the victim.

The defendant obtained 20 million won from the victim and acquired it by fraud.

2. The Defendant who forged private documents refers to “Written Elimination of Investment” using a computer without D’s permission at the date, time, and place specified in paragraph 1, and refers to “D(D) with the domicile of Gangnam-gu Seoul Metropolitan Government E apartment 5 Dong 1306.

(1) is referred to as "the principal loan" of the funds that it is currently raising.

(iii)the development of the Common Industry (referred to as "State" hereinafter) with respect to the utilization thereof;

as follows: hereinafter referred to as "each note of understanding":

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