(영문) 서울중앙지방법원 2016.10.21 2015고단7072

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(영문) 서울중앙지방법원 2016.10.21 2015고단7072

사기

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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant made a false statement to the effect that “The Defendant would give 40% of the shares in the above school if he/she invests the amount of 100,000 capital due to the shortage of money, to the head of H main university in the United States.”

However, in fact, the Defendant was required to take over the above university operation right, but at the time, the Defendant did not prepare the acquisition fund at all, and there was no possibility to take over the university since there was no other method of raising the funds. On March 2012, the Defendant did not have any special property, while the Defendant did not have any income, paid KRW 400-5 million due to an average office rent, living expenses, etc., on the other hand, while he did not pay capital gains tax of KRW 50 million in consideration of the Defendant’s financial status, and there was no intention or ability to take over the above school or return it to the victim.

Nevertheless, on March 23, 2012, the defendant is entitled to KRW 30 million from the victim to the bank account in the name of the defendant in the name of the defendant, and KRW 3 million from the 30.23 million on March 23, 2012; and

4. 5. 5 million won and the same year.

5. 24. 20 million won is paid in each of them.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of witness E;

1. Some of the suspect interrogation protocol of the accused to the prosecution (including the E’s statement part);

1. Part of the police statement of E;

1. A petition for complaint and an agreement;

1. Each investigation report is filed with the purport that the Defendant did not intend to acquire money from the victim, since the Defendant had sufficient capability to attract the genetic students on a joint responsibility with the victim to pay the funds to be acquired by the above university by April 1, 2013.

The defendant shall exist in the above school at the time of investigation by the prosecutor's office, and shall be the victim.

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