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(영문) 인천지방법원 2014.06.09 2013고단4570

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 19, 2012, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for fraud at the Suwon District Court on October 19, 2012, and the judgment becomes final and conclusive on the 27th of the same month.

On December 20, 2008, the Defendant, through F and G, known at the 7th floor of Seocho-gu Seoul, Seocho-gu, Seoul, 1656-1, the 7th floor of Seongdong-gu, 1656-1, the Defendant entered into a contract with K to purchase and develop approximately KRW 80,000,000, which is not I in the Haan-gun, Chungcheongnam-do, and is running a business by investing KRW 500 million. The Defendant said that the Defendant loaned KRW 50,000,000,000,000,000,000,000,000, to K, to A.

On December 29, 2008, the Defendant made a copy of the joint agreement concluded with the victim at the K Office, Inc., Ltd., the J 3rd of Seosan-si, Seosan-si, Inc., and made a false statement to the effect that “If the Defendant lends KRW 50 million to K, 7% of its profits will be paid after the progress of the business after investing the said money in K Co., Ltd., and the business was conducted.”

However, even if the Defendant borrowed KRW 50 million from the victim, it was thought that some of them invested in K and the remainder would be arbitrarily used. The above joint agreement was finalized to invest KRW 200 million in K Co., Ltd., but the Defendant did not have the ability to invest KRW 200 million in K. However, the Defendant did not have the intent or ability to pay the profits to the victim by jointly carrying out the purchase and development projects of real estate of K and the Pacific-gun.

Nevertheless, the Defendant deceivings the victim as above and received KRW 50 million from the victim as the loan borrowed on the same day.

Summary of Evidence

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

1. Statement of the police statement related H;

1. Investigation report (to listen to the K representative L phone statement, and to submit suspect A data);

1. A complaint;