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(영문) 대구지방법원 포항지원 2016.11.03 2016고단966

사기

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant stated that “A victim E (the age of 43) is making an investment in the investment in real estate of the State-owned Land in the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the State-owned Land of the Republic of Korea.”

However, even if the defendant received money from the victim, he did not think that he would use it as his living expenses and did not have any intention or ability to use it for real estate investment.

Around May 21, 2012, the Defendant received 4,000,000 won from the victim to the company bank account in G as investment deposit and received 275,035,400 won in total from that time to February 15, 2016 as stated in the attached list of crimes, as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement of E;

1. Each investigation report (Attachment of a statement of transaction by account submitted by the complainant; accompanied by the result of execution of a warrant of search, seizure and verification); the defendant and defense counsel asserts that the victim requested the defendant to make an investment in his own judgment with knowledge of the risk of the instant investment, and that he only delivered the investment money received from the victim to the F in charge of the actual investment.

However, the following circumstances acknowledged by each of the above evidence, i.e., the victim was present at the first investigative agency to make a statement in compliance with the facts charged, specifically and consistently, and until he/she makes a statement as a witness, while the defendant was unaware of the contact point of the F, who he/she delivered the investment money, and was not aware of the personal information, and is F.