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(영문) 수원지방법원 성남지원 2018.05.17 2018고단471

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around September 2014, the Defendant had information on sports Pyeongtaek-si D forest that was discovered by finding the ground in the vicinity of the school, such as large-scale advertisements in Dongdaemun-gu Seoul, and from C (Detention Prosecution on February 8, 2018).

The land owner is still aware of his own ownership, and the owner is currently residing in the U.S. and enters the land purchase contract in the U.S.

If an investment of KRW 40 million is made with the purchase fund, the land shall be purchased, and the land shall be sold to a third party and repaid to 200 million.

“Investment proposal was made.”

The Defendant got access to the victim E by approaching not only the funds to be invested in C at the time, but also the shortage of living expenses, and received more than the amount requested by C while receiving the said investment proposal, and thought that part of them will be used as living expenses, etc.

After September 18, 2014, the defendant suffered from the victim E in a mutual French city located in Hongsung-gun Hongsung-gun, Hongsung-gun, Hongsung-gun on September 18, 2014.

B. Three persons, such as C, etc., are not enough to purchase funds for joint investment.

If a party makes an investment of 50 million won, it shall be refunded to 150 million won after two months.

The phrase “ makes a false statement.”

However, in fact, the defendant received 50 million won from the injured party, and 40 million won as investment money to C, and the remaining 10 million won was considered to be used for personal purposes such as living expenses of the defendant.

The defendant received 50 million won from the damaged person to the account (F) of the Korean bank account of the name of the defendant in the name of the defendant from the damaged person for the purpose of investment, and acquired 10 million won among them.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made to the defendant in the protocol of interrogation of the suspect;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes to verify transaction details;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Suspension of execution;