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(영문) 인천지방법원 2012.11.02 2012고단6009

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 19, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Incheon District Court and has been sentenced to one year and six months for the same year.

5.8. A person for whom the above judgment has become final and conclusive.

In around 2007, the Defendant became aware of the victim C by the multi-stage selling company.

The defendant was approaching the victim with knowledge that the victim is an elementary school retired from school in the age of 75, who is engaged in agriculture in the state of strike at the time.

1. On February 2, 2007, the Defendant stated that “Abern will gather money to the victim” from the second-story restaurant in the name of the Seongdong-gu Seoul East-dong, Gangnam-gu, Seoul, a second-story restaurant. The Defendant invested money equivalent to the second-class interest every month. D requires money in order to operate a company with which a person who is D has a large amount of money.”

However, the fact was that the defendant was aware of D immediately around 2006, and he was aware of accurate personal information, and D was unable to operate the company normally due to the lack of cost for the establishment of the corporation in a state where there was no clear business plan.

On February 21, 2007, the Defendant acquired KRW 50 million from the victim to the Agricultural Cooperative Account (Account Number E) in the name of the Defendant under the pretext of investment money.

2. On April 2007, the Defendant: (a) called the victim’s phone call to “a business fund is needed to engage in the business of exporting food waste treatment machinery; (b) the export will be well-grounded; and (c) made a false statement to the effect that the Defendant would invest money.”

On April 26, 2007, the Defendant acquired 20 million won from the victim to the Agricultural Cooperative Account as set forth in paragraph (1) under the pretext of investment.

Summary of Evidence

1. C’s legal statement;

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

1. A list of transactions;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (report on results of separate trials);

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