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(영문) 서울중앙지방법원 2017.11.30 2016고단2694 (1)
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

The defendant is a person who actually operates the business chain B with the purpose of entertainment planning and film production business.

On March 2014, the Defendant, at the first place in Gangnam-gu Seoul Metropolitan Government Office of the Dispute Resolution Co., Ltd., the Defendant: (a) was delegated by the “F” to the Plaintiff D who was aware of the business around that time; (b) “E Washington” and the “The Dispute Resolution Co., Ltd.,” respectively; and (c) was delegated by the “The Dispute Resolution Co., Ltd., Ltd.,” to the Plaintiff D., who was aware of the business around that time.

In order to proceed with the performance, 20 million won may be invested within 3 days from the date of investment, and 50% of the profits shall be paid.

“.......”

However, even if the defendant received the investment from the injured party, he did not have the right to proceed with the panty-out performance, and there was no intention or ability to return the money received when the performance does not take place.

Nevertheless, the defendant deceiving the victim as above and acquired the total amount of KRW 220 million, including KRW 70 million on March 6, 2014, and KRW 150 million on March 10, 2014, from the victim to the account in the name of the Dispute Resolution Co., Ltd., as mentioned above, through the delivery of KRW 220 million as investment money from the victim.

around December 29, 2015, the defendant of "2017 Godan1576" entered into a contract with L's private Ma so that L can carry out a contact in China at the Seoul Gangnam-gu I and J office for the settlement of disputes, and the victim K's "a down payment of KRW 100 million on a prime basis."

“A false statement was made to the effect that it was “.”

However, even if the defendant received money from others, he did not have the intention or ability to conclude a contract related to the right to hold a contact with L, and was only intended to use the money from the injured party for the purpose of paying the company operating expenses or the existing debt.

Nevertheless, the defendant deceiving the victim as above, and he received 100 million won from the victim to the N bank account (O) of the LB bank account, and acquired it by the victim.

b)a summary of the evidence;

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