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(영문) 인천지방법원 부천지원 2016.09.09 2016고단1812

사기

Text

A defendant shall be punished by imprisonment for two years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On May 2014, while the Defendant had access to the victim C who became aware of as a result of the introduction of a branch of a person around 2014 and concealed that he would be married with the victim, the Defendant would take advantage of the victim C and use the victim's "E" in the "F located in the United States" in the "F located in the United States" before the early 2014 when the Defendant was working as a full-time director in order to establish the Korean office in the "F" in the "F located in the United States" before the early 2014, and would pay the victim the benefits of KRW 200 million as the fund for the establishment of the "F" office.

‘False speech' was made.

However, the Defendant did not have any intent to use money in its name even if he received contributions from the injured party in the absence of a “F” office establishment plan, and did not have any intent or ability to accept a conference for the operation of the injured party or to serve the injured party as a full-time director and auditor of the foundation.

On October 30, 2014, the Defendant received KRW 200,000,00 from the injured party as a contribution.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against each prosecutor of the defendant;

1. Statement made by the police against C;

1. A report on investigation (Submission of a detailed statement of deposits and transactions of a suspect and a marriage-related certificate);

1. To apply a copy of a certificate of confirmation of deposit of borrowed money, the contents of the Stockholm given and received with A, a detailed statement of deposit transactions, inquiry about liquidity transactions, marriage-related certificates, and family relation certificates;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing of Article 32(1)1 and Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of recommended punishment shall not be lawful after an application for compensation order was filed after the closure of pleadings) [the scope of recommended punishment] general fraud.