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(영문) 서울서부지방법원 2013.04.03 2012고단2705
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After establishing a “C” organization, the Defendant, who refers to the Chairperson D, is pretended to be a normal press organization, and is willing to acquire money and valuables under the pretext of organization operation expenses, etc.

On November 26, 2009, the Defendant, along with D, received KRW 34,500,000,000 as a total borrowed money for six occasions in the form of loan, as shown in the attached list of crimes, from the time to January 19, 2010, from the victim K, who became aware of through J, an employee of Jongno-gu Seoul Metropolitan Government Office 1008 “C organization” office, an employee of the Jongno-gu International Office Office, for the purpose that “it shall pay back to the house with money that the office shall have to have to have to have to have to have to have a house because the office has not been set off for the time,” and received KRW 6,00,000 from the victim on the same day.

However, the defendant and D did not have any project specially promoted through the above organization, and did not properly seek operating expenses of the office, and even if they borrowed money from the victim because there was no special property and revenue, they did not have any intention or ability to repay it.

In collusion with D, the defendant deceivings the victim, thereby deceiving 34,500,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to K;

1. Application of Acts and subordinate statutes to investigation report (Attachment of materials submitted to K by a complainant and interview);

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act (including the fact that the suspended execution is against the law and that the full payment of the amount of damage is made and the full agreement is made with the victim);

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