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(영문) 수원지방법원 2018.02.22 2017고단1885
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2014, the defendant tried to expand the scope of 10 persons or more of entertainment receptions to the victim E in a "D" singing practice place operated by the defendant on the first and fourth floor C and D in Sing practice, which is operated by the defendant on the first and fourth floor of Singing City.

When expanding, it is necessary to install air conditioners, etc., and distribute the leaflet to 25 million won, which is loaned to 25 million won. The F lending the time limit after about three months to 30 million won. This is to pay the time limit to 3 months after the three months.

The phrase “the phrase was false.”

However, in fact, the Defendant did not have any particular property and borrowed KRW 31 million from the lending company to another person. Since the Defendant did not prepare for KRW 9 million out of the lease deposit, the Defendant was refused to borrow money from his family members, such as F, etc., but the Defendant was willing to pay the balance of the lease deposit. The Defendant did not lend money to the Defendant for the purpose of repaying the Defendant’s borrowing of money, but the Defendant did not lend money to the Defendant for the use of the victim’s borrowing of money, but the Defendant was a lending of money to the above lending of investment money to the above practice room on the form of singing on the condition of investing the victim’s lending of money. The Defendant did not have any intention or ability to make a change on the agreed date even if he borrowed money from the damaged person.

On December 1, 2014, the Defendant was transferred KRW 25 million to the Agricultural Cooperative Deposit Account (Account Number: G) in the name of the Defendant around December 1, 2014.

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

Summary of Evidence

1. Legal statement of witness E;

1. Each statement of the E and F in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Statement of E in the police interrogation protocol for the accused;

1. Statement made by the police for E;

1. A complaint filed by E;

1. Each investigation report (the submission of decisions in civil procedure by the complainants and the Stockholm letters submitted by the complainants);

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