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(영문) 서울동부지방법원 2013.05.09 2012고단1991
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Although the Defendant operated the “D No. 1” on the first floor in Gwangjin-gu Seoul Special Metropolitan City, the Defendant was in a situation where it was difficult for the authorities to be subject to business suspension by regulating the employment of singing-to-sing-door, etc. around November 2007, and caused property to be located in Gwangjin-gu, Seoul Special Metropolitan City, Embro 101 Dong 1307, etc. However, the above apartment was indicated as “debt amount” in the written indictment for maximum debt amount exceeding the real estate market price, but it is obvious that the following evidence is a clerical error in the “the maximum bond amount” according to the certified copy of the written indictment without changing the indictment. Thus,

Even if there is no disadvantage in exercising the defendant's right of defense.

As such, the amount shall be corrected to “the maximum amount of claims”.

Along with the establishment of a collateral security right, in the absence of any other income than the above singing operations, personal debts reach approximately KRW 500 million due to bonds, financial loans, etc., and the payment of bonds, loans, interest, and deposits, etc. must not be paid at least KRW 10 million each month, and there was no intention or ability to repay money borrowed from the victim F in a normal manner.

Nevertheless, on November 26, 2007, the Defendant made a false statement that “The Defendant shall pay to the victim a full payment without molding it at an early date, if it lends 20 million won to the victim.”

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim through the Japanese bank account in the name of the Defendant, under the name of the Defendant.

The defendant, as shown in the attached list of crimes, was accused of the victims at least six times, and was given a total of KRW 100 million from the victims under the same name.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F and each legal statement G of the witness;

1. A protocol concerning the suspect examination of the accused;

1. The first and second instances against the defendant;

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