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(영문) 의정부지방법원 2019.07.31 2019고단1310

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant sentenced the Incheon District Court to two years of imprisonment for a violation of the Attorney-at-Law Act, and completed the execution of the sentence in the Daegu Prison on December 14, 2016.

In fact, even if the Defendant received KRW 100 million from the victim B, the Defendant conspired with C and D to obtain money by deceiving the “laundry of money” so that the money can be used as the money, and in spite of the absence of intent or ability to reduce the amount of money in return, the Defendant would make an investment of KRW 100 million with the “laundry of money,” thereby making an investment of KRW 100 million with the “laundry of money.”

Accordingly, on June 2017, the Defendant called the victim on his phone and sent the proceeds of KRW 100 million from KRW 300,000 to KRW 500,000,000 to KRW 300,000. The written indictment contains the fact of deception of the “change E is well aware of the change of position, and laund money is given through E,” but the Defendant asserts that he would have given a frank in relation to “E” in the process of giving answers to the victim’s suspicion after receiving money. Unlike the statement in an investigative agency, the Defendant’s testimony by the witness B who testified in accordance with the above argument of the Defendant, as well as the statement in the record submitted during the investigation process, and considering the erroneous circumstances, there is insufficient evidence to acknowledge that there is any other evidence to acknowledge that the above deception was made during the process of receiving money from the victim, and thus, the part related to the crime was not determined separately from the judgment on the charges of the Defendant.”

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