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(영문) 수원지방법원 성남지원 2018.11.29 2018고단1145

사기

Text

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

Reasons

Punishment of the crime

[criminal records] On November 20, 2014, the Defendant was sentenced to four months of imprisonment for a crime of fraud and two months of imprisonment for a prison term in the Sungnam branch support, and completed the execution of the sentence in the said prison on May 21, 2015.

[2] The Defendant plans to contribute 10 billion won to establish a cosmetic manufacturer and export company in the 2017 Seocho-si Office of the Victim B located in the Dasan-si, the date of December 2016, to the victim’s “D, an incorporated association, in early 2017, shall contribute 10 billion won to establish the cosmetic manufacturer and export company within the Dabuk-si.

This company will be allowed to be operated by the party.

“On the condition that the company operates the above company,” the company’s income shall be donated to D in 20 years each year in 5 billion won, and it shall be paid to 7 members of the above D’s group head who shall assist D in contributing 10 billion won to 10 billion won.

“A false statement” was made.

However, there was no plan to establish a cosmetics company in Chungcheongbuk E with D's contribution of KRW 100 billion, so there was no intention or ability to allow the victim to operate the above cosmetics manufacturing and exporting company, and it was thought that the victim was used for personal purposes, such as paying the defendant's debt, by receiving the above money from the injured party.

Defendant deceiving the victim as above and received cash 10 million won from the victim on January 5, 2017 under the pretext of a honorarium for the contribution to the establishment of the company from the victim, as well as by deceptioning 12 million won in total on seven occasions from March 2, 2017, including from that time until March 2, 2017.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against B;

1. A copy of a name tag, a copy of a detailed statement of deposit transactions, a copy of a passbook, a copy of a check, a statement of deposit transactions, a letter on deposit transactions, a letter dialogue, a statement of personnel affairs, and a

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal confinement status, investigation report (verification of the records of the same type of crime, etc.);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;