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(영문) 서울중앙지방법원 2015.12.18 2015고단4443

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 11, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Labor Standards Act in the Daegu District Court Kimcheon-cheon Branch on June 19, 2014, and the judgment became final and conclusive on June 19,

Around April 2012, the Defendant made a false statement to the victim D, who was known to the general public, stating that “The Defendant would engage in the gold mine mining business of the African means, but would create a stable profit when investing KRW 150 million.”

However, in fact, the defendant was thought to use it for his own cost of living or entertainment expenses even if he received money from the victim due to a very difficult situation at the time, and there was no idea to promote African mining business.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Cit Bank account opened in the name of the Defendant on April 5, 2012.

Summary of Evidence

1. Each legal statement of witness D, E, or F in whole or in part;

1. The statement of part of the protocol concerning the examination of the accused by the prosecution (including each part concerning D, E, and F);

1. Partial statement of the police suspect examination protocol against the accused (including each part concerning D and E);

1. Statement of the police statement of E;

1. Copy of a bankbook and details of account transactions;

1. Criminal records, criminal records, and criminal records, the defendant of the judgment denies the criminal intent of defraudation, but according to the above evidence, the fact that the defendant did not specifically progress to the expected profitability of the gold mine mining business at the time, and the defendant did not talk about the receipt of the above money to the F who operated the above business at the time when he received the money from the victim as the expense for the gold mine mining business, and the fact that the remaining amount excluding the 25 million won returned on April 16, 2012 at the victim's request, excluding the 25 million won, which was returned on April 16, 2012 at the victim's request, is recognized. In full view of the above facts, the criminal intent of defraudation by the defendant is recognized.

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