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(영문) 수원지방법원 성남지원 2016.08.17 2015고단2556
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 2010, the Defendant tried to operate an Internet hosting site in which the Defendant received part of the money that he / she arranged through hosting and received, as a fee, from the victim C (39 years old) who is a high school in an influence in the vicinity of the camping tower in Seongbuk-si, Sungnam-si.

If four investments are required for the above Internet hosting site business, 50% of the profits will be paid and the principal of the investment will be paid after one year.

Under the name of the Republic of Korea, there are apartment houses in the Gambag-si district, and the mother operates the Moel in Ansan, and there is no problem in the maintenance of the above Internet hosting site business or repayment of the principal of the investment.

“The purpose of “ was to make a false representation.”

However, in fact, the Defendant did not own apartment houses in the Gamdong Bag-si District and did not have any particular revenue or property in the situation where the Defendant’s obligations to financial institutions were equal to KRW 45 million. Moreover, in the situation where the Defendant’s mother transferred ownership to the Dong-dong Mutual Savings Bank of Korea through auction around February 19, 2010, the Defendant’s mother did not operate the said her mother since around October 7, 2010, even if having received an investment from the injured party, there was no intention or ability to reduce the amount equivalent to 50% of the principal amount of investment and the principal amount of investment after one year.

The Defendant, as such, by deceiving the victim, received KRW 35 million in total from the victim to the account under the name of the mother of the victim, on October 17, 2010, and received KRW 43 million in total as investment twice on November 21, 2010, respectively, such as receiving transfer of KRW 8 million in around November 21, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A detailed statement of transactions in each passbook;

1. Application of the statutes to certify a certified copy of the register of the telecom and the closure of business;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 of the Criminal Act:

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