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(영문) 서울중앙지방법원 2014.05.15 2013고단7156
사기
Text

A defendant shall be punished by imprisonment for not less than one year and 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

On January 31, 2010, the Defendant: (a) lent money to “F” in the “F’s clothing in the Gangnam-gu Seoul Party E’s operation of the Defendant; and (b) in the coffee shop near the musical store,” the Defendant paid the Victim G the monthly sales of KRW 30 million to KRW 50 million; (c) the monthly sales of KRW 30 million to KRW 10 million; and (d) the monthly sales of KRW 20 million to KRW 10 million; (c) the expansion of the stores; and (d) the need for funds to make a large volume of high-class source revenues from a foreign country, and (e) the Defendant paid KRW 200 million to each month as dividends; and (e) the principal shall be repaid without the mold.”

However, at the time, the sum of the above store and house house deposits is only about 80 million won with the Defendant’s property, while the sales of the store was rapidly reduced since 2009, the sales of the store did not amount to KRW 30 million or KRW 10 million per month, but rather there was little or little profit, and the monthly sales of the store was at least KRW 6 months, and there was no intention or ability to repay the money even if the victim borrowed money.

As above, the Defendant, by deceiving the victim as above, and under the pretext of the loan from the victim, shall be KRW 30 million around January 29, 201, and the same year.

2. 10,00,000 won around October 2, 2000,000 around 22,000 around the same month, and 20,000,000 won around 26,000 around the same month, for the same year.

4. Around January 1, 200, a sum of KRW 200 million, including KRW 80,000, was remitted to the Defendant’s national bank account.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement of the defendant in the suspect examination protocol against the defendant;

1. Statement G in the interrogation protocol of the accused by the prosecution;

1. The police statement concerning G;

1. The letter of complaint, the letter of loan agreement, and the letter of credit;

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