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(영문) 서울북부지방법원 2018.07.19 2017고단4828

사기

Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From March 1, 2016 to March 7, 2016, the Defendant was investing KRW 19,000,000 from C in the name of a mobile phone export business, and exported a mobile phone to the Philippines. However, the Defendant was not able to return the principal and investment profits as agreed, and there was a need to make an investment for the cleaning service business promoted at the time. However, there was no particular income and it was also difficult to cover the living expenses.

Nevertheless, around March 17, 2016, the Defendant purchased a heavy cell phone from the victim’s house, etc. located in D Apartment-si, etc. and exported it to the Republic of the Republic of the Republic of Korea. The amount of KRW 100 million to be invested is to purchase a heavy cell phone and export it to the Republic of the Republic of Korea, and to pay the principal by the end of August 2016. Upon receiving an investment from the victim, the Defendant would normally use it for the purpose of purchasing a mobile phone, and then, he/she would be aware that he/she would export to the Republic of Korea and normally use it for the purchase of the mobile phone. From the point of time to May 19, 2016, the Defendant, upon receiving a transfer of KRW 5 million from the purchaser to other C through the bank account on March 17, 2016, by deceiving him/her to the same effect as the return of the investment principle to the victim’s total amount of KRW 370,000,000 from March 19.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by each public prosecutor with respect to B;

1. Statement made by the police against B;

1. A complaint (including details, descriptions, etc. of financial transactions);

1. An investigation report and submission of data (including text messages, stenographic records, etc.) (a) the Defendant uses 15 million won or more as the remittance to C and as the purchase cost of personal belongings set forth in Nos. 1, 2, and 4 of the crime sight table.