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(영문) 서울중앙지방법원 2014.04.10 2014고정410
사기
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Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Judgment of the court below]

1. Around February 2013, the Defendant made a false statement to the victim B (a 36 years of age, South Korea) who was a land owner (“the Defendant”) that “I would like to make trade and consulting companies against Thailand.” On May 3, 2013, the Defendant called “I would like to make a trade and consulting company against Thailand,” and on May 3, 2013, the Defendant called “I would like to make a fluent and to make an investment in the company to which I would like to make an investment.”

However, the defendant did not have the intention or ability to use the company as the promise to receive the money under the pretext of investment.

Nevertheless, on May 6, 2013, the Defendant, by deceiving the victim as above, acquired the said money by receiving KRW 10 million from the account of community credit cooperatives (C) in the name of the victim to the account of community credit cooperatives (D) in the name of the Defendant.

[Judgment of the court below]

2. On June 5, 2013, the Defendant promised to the effect that “I will share if I participate in the establishment of the F Corporation. If I will use the F Corporation as expenses for the establishment of the Company, I will use it as expenses for the establishment of the Company,” and received from the victim a total sum of KRW 5 million from the victim to the community credit cooperatives account (D) in one’s name, and KRW 4 million from the same account on the 12th of the same month.

However, even if the defendant receives money, he did not have the intent or ability to use the shares promised to the victim or to establish the corporation.

Nevertheless, the Defendant, by deceiving the victim, received a total of KRW 9 million from the victim twice, and acquired the same amount.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. B’s statement statement 【2014 high-ranking411】

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Criminal facts;

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