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(영문) 서울중앙지방법원 2015.07.10 2014고단9123
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, at the main point of “D” located in Seocho-gu Seoul, Seocho-gu Seoul, on December 2, 2012, concluded that “The victim E was unable to borrow money from a entertainment planning company, such as a death village,” with the victim E. When lending KRW 100 million, the Defendant provided profits of KRW 200-3 million per month and paid the principal after one year.”

However, in fact, the Defendant did not intend to establish an entertainment planning company, and the Pice Center operated by the Defendant at the time did not pay monthly rent and did not pay wages to the employees of the Pice Center properly because the management of the Pice Center was difficult, so even if he borrowed money, the Defendant did not have the intention or ability to pay such money.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the Defendant’s national bank account (F) on or around December 18, 2012.

In this way, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement about witness E, G and H;

1. E statements of the police suspect interrogation protocol of the defendant

1. The police statement concerning G;

1. A complaint;

1. Certificates of borrowing, certificates of promissory notes, and certificates;

1. Appraisal statement and deposit details;

1. A real estate lease contract;

1. Suspected suspect details of transactions and respective details of transactions;

1. Copy of each summary order;

1. Application of Acts and subordinate statutes to the current status of the payment of rents and the current status of the payment of rent for the skin center;

1. The Defendant asserts that the pertinent provision of the criminal facts, Article 347(1) of the Criminal Act, the choice of punishment, and the Defendant, who was sentenced to imprisonment, merely borrowed money from the victim as it is necessary for the remodeling work of the skin center operated at the time of the victim, did not deceiving the victim that he/she would have attempted to borrow money from the victim, and that he/she had the intent and ability

The reliable witness E, G and H each legal statement, copy of the summary order, and rent.

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