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(영문) 창원지방법원 2015.07.09 2015고단133

사기

Text

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

However, 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

1. On November 2012, the Defendant acquired the proceeds from the purchase of used vehicles by fraud was false in the “E” office operated by the victim D, which was operated by the victim D in the Seocho-si Kimhae-si, Kim Jong-si, stating that “When investing ten million won in the capital, the Defendant will sell the used vehicle to the victim and make the proceeds from the sale of the used vehicle left.”

However, even if the victim receives 10 million won from the victim, there was no intention or ability to purchase the used vehicle.

The defendant deceivings the victim as such, and is in the same month as the purchase price for used vehicles from the victim.

5. Five million won, and the same month; and

6. Three million won, and the same month; and

7. A total of KRW 10 million, including two million, was remitted to a new bank account under the name of the accused and acquired by fraud.

2. On November 2012, 2012, the Defendant defrauded the Defendant of the investment funds in the business of buying and selling secondhandphones with the victim D at the above location, stating that “The Defendant is engaged in the business of trading secondhandphones like F, which he knows, and deposited the head office with the deposit money of KRW 10 million, an additional amount of KRW 20 million is required to expand the business to the head office.”

However, there was no money paid as security deposit, and there was no further need for 20 million won as security deposit, and even if the victim received the investment money from the victim, there was no intention or ability to properly conduct the business of trading of heavy mobile phones.

The defendant deceivings the victim as such, and is in the same month as investment money from the victim.

9. A total of KRW 10 million, KRW 15 million on the 16th day of the same month, and KRW 40 million on the 16th day of the same month, including KRW 20 million on the 16th day of the same month, was remitted to the above account under the name of the accused and acquired it by deception

Summary of Evidence

1. Each legal statement of witness D and G;

1. A protocol of examination of partial suspect against the accused by the prosecution (including the D substitute part);

1. Application of Acts and subordinate statutes to investigation reports (report on the attachment of details of transactions in suspect accounts and on the confirmation of the user status of the amount deposited to the complainant);

1. Criminal facts;