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(영문) 서울중앙지방법원 2018.05.31 2017고단7953
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and the said judgment became final and conclusive on August 19, 2016.

In 2010, the Defendant became aware of the Victim F who operates a “E” restaurant in Gangnam-gu Seoul Metropolitan Government D through G around 2010 and the Victim G who is his wife.

When the defendant was aware that the above C used 301 units of H building in Gangnam-gu Seoul, Seoul, which is owned by the victim F and was provided with meals from the victims while inducing and constructing overseas funds, the defendant was also aware of the fact that the above C is also a project to attract and build overseas funds, the defendant was also aware of the fact that

1. The criminal defendant, who was involved in food service, will pay meals to the victims of the incident in 2012 at a time at the E cafeteria at the next time.

Although the Defendant stated that he did not have any particular occupation or income, the Defendant did not have an intention or ability to repay the price even if he was provided with meals due to no particular occupation or income.

As above, the Defendant was provided meals of KRW 10,353,00 in total, up to 18 times until March 14, 2014, including by deceiving the victims and being provided meals of KRW 570,00 at the market price around March 22, 2012.

2. On April 28, 2014, the defraudeds related to the borrowed money will lend money to the victim F and then repay the money later.

“SC bank account in the name of the Defendant, issued KRW 1,500,000 to the SC bank account in the name of the Defendant, and additionally delivered KRW 2,000,000 from the injured party to the City Bank account in the name of the Defendant on July 14, 2014, but the Defendant did not have any intention or ability to repay even if he/she borrows money from the injured party due to lack of any special income or ability.

As seen above, the Defendant deceivings the Victim F and received a total of KRW 3,500,000 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. The protocol concerning the interrogation of suspect C by the prosecution;

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