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(영문) 대전지방법원 2021.03.04 2018고단4287

사기

Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

In 2013, the Defendants stated that the Defendants were aware of the victim D through around C through around 2013, and that the Defendants committed the Defendants’ work related to the smuggling export.

After the Defendants established a Posman Corporation on December 2, 2013 and transferred documents, accounts, etc. necessary for the operation of the corporation to E, and came to know that 130 million won was deposited in the said account, the Defendants conspired to acquire the above money from the victims.

Defendant B, around December 9, 2013, at the guest room of Jongno-gu Seoul Metropolitan Government Jongno-gu Felbur, made a false statement to the effect that Defendant B would give KRW 500 million to the victim D an investment of KRW 100 million in the gold bullion.

However, in fact, the Defendants did not engage in the business related to the export and import of the no data, and there was only the thought that they will use the investment money individually, so even if they received money from the victims, they did not have the intent or ability to make an investment in connection with the export and import of the no data or to pay the return on investment to the victims.

Defendant

A received one copy of the face value 100 million won check from the injured party on the same day.

As a result, the Defendants conspired to attract the victim to receive property.

Summary of Evidence

1. The application of the Acts and subordinate statutes on custody certificates and recording records to Defendant A’s second-time investigation protocol of suspect interrogation of police officers (defence of the suspect A, confirmation of the previous defendant’s lawsuit record) D, each police’s investigation protocol of each police officer’s statement of Defendant B against Defendant B during the second-time investigation protocol of Defendant A;

1. Relevant Articles of the Criminal Act and the Defendants who choose to commit the crime: Reasons for sentencing prescribed in Articles 347(1) and 30 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Circumstances unfavorable to the Defendants: The Defendants acquired the 100 million won check from the injured party and did not recover the damage.

The injured party is the defendant.