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(영문) 인천지방법원 2013.08.13 2013고단3231

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 9, 2011, the Defendant stated that “A real estate office located in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, would give a victim E an investment profit of KRW 200,000,000 per month if there is any real estate asset it manages and invest KRW 20,000,000.”

However, in fact, the Defendant did not think that the entire real estate investment had incurred loss and had the investors urged to recover the investment money, and that there was no thought that the Defendant would receive the money from the victims and return the investment money to the investors, so even if receiving the money from the victims.

As such, the Defendant, by deceiving the victim as such, wired the victim to the Agricultural Cooperative account under the name of the Defendant, with a sum of KRW 20 million, including KRW 15 million on February 21, 201, and KRW 5 million on February 24, 201, under the pretext of real estate investment money, from the victim.

2. Around March 30, 2011, the Defendant committed the crime stated, at the above D Real Estate Office around March 30, 2011, that “If the Defendant jointly purchased the apartment sale right to be sold in Sejong City and then sold it to the victim, the Defendant would make an investment in the amount of KRW 20 million every month if he/she invests in the amount of KRW 20,000,000,000.”

However, in fact, the Defendant did not think that the entire real estate investment had incurred loss and had the investors urged to recover the investment money, and that there was no thought that the Defendant would receive the money from the victims and return the investment money to the investors, so even if receiving the money from the victims.

As such, the Defendant, by deceiving the victim as such, wired the victim to the Agricultural Cooperative account under the name of the Defendant, with a sum of KRW 20 million, including KRW 10 million on April 1, 201, and KRW 10 million on April 6, 201, under the pretext of real estate investment money, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Eth statement among the suspect interrogation protocol of the accused against the prosecution;

1. Investigation report (No. 18,19)

1. Application of the laws and regulations on receipts and copies of bankbooks 1.