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(영문) 서울북부지방법원 2014.06.12 2013고단342
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 6, 2011, the Defendant: (a) at the B hotel located in Gangnam-gu, Seoul on May 6, 201; (b) even if the Defendant borrowed money from the victim C (Nam and 51) in connection with the Pabya mine business, it is unlikely to pay the profits because the Defendant’s exclusive development right was not available; and (c) the Defendant thought that the Defendant used the money borrowed from the victim for other purposes; and (d) although the Defendant was the head of D business start-up E, the Defendant was the head of D, but was not the actual vice president due to the dispute over D’s management and inheritance right, the Defendant was the vice president of Africa and was working as the vice president of Africa, and has the right to develop minerals, such as the Gu, etc. in the name of Africa. Since the Defendant was able to receive large amounts of money, the term “investment in the above business” is false, and therefore, it is deposited from the victim’s account in the name of the Defendant’s National Bank and deposited it in the same year.

6. 21. 21. Deposit of KRW 50 million with the same account, which was received 85 million as the loan, and acquired it as the loan money.

Summary of Evidence

1. Some of the suspect interrogation records of the defendant by the prosecution (including the substitute part);

1. Some of the police interrogation protocol of the defendant (including the replaced part);

1. The police statement concerning G;

1. A complaint;

1. Application of the Acts and subordinate statutes of the inquiry table requesting non-compliance of transactions;

1. It is so decided as per Disposition on the grounds of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment;

Reasons for sentencing

1. Scope of punishment by law: -10 years;

2. Scope of the recommended sentences according to the sentencing guidelines [type] Sentencing guidelines for fraudulent crimes, and less than 100 million won (type 1] (Scope of the recommended sentences] 6 months - January 1 and June (basic area);

3. The fact that the defendant who has made a decision of sentence obtains a large amount of money from the victim and does not endeavor or agree to recover damage;

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