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(영문) 서울남부지방법원 2018.06.08 2017고단3349
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant: (a) requested the victim B to provide security and security services to the Seoul Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Seoul Yeongdeungpo-gu”); (b) KRW 60,00,000,000 to reduce the contract for security and security services within the project site related to the Category D projects promoted. Since D projects obtained consent by 75%, they shall be convened within one month; and (c) from April 2016, the Defendant may provide security and security services.

As above, the purport was to “to preserve the principal by paying 1% of the sales revenue by investing in the events held in E operated by the internal government.”

However, in fact, there was no circumstance where security and security services may begin within the nearest time, such as without obtaining the consent of 75% prop, and the event that the Defendant promoted was an exercise to contribute the full amount of the proceeds to the Defendant, and at the time, it is unclear whether it would be possible to increase the sales of KRW 500,000,000, and there was little possibility that the victim would preserve the principal paid by paying 1% of the sales of the above event to the victim.

As above, the defendant deceivings the victim, and thereby deceivings the victim, the defendant 10 million won on February 24, 2016, and 2016

3. A person received a total of KRW 30 million, including the transfer of KRW 10 million, and KRW 10 million on March 2, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness B in the third public trial protocol;

1. Entry of the accused in C and B in the protocol of interrogation of the suspect against the prosecution;

1. The defendant asserts that he is not guilty since he received only KRW 30 million as stated in the F's investment contract deposit, a security contract, an investment contract, and a transcript (F).

However, the investment contract referred to by the defendant was concluded on February 28, 2016, and the security and security contract was concluded on February 22, 2016, which was the previous one, and the above investment contract was concluded on February 2, 201, and between B and the defendant in relation to the monetary transaction of KRW 30 million.

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