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(영문) 인천지방법원 2015.11.18 2015고단698

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 25, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Gwangju District Court, and the above sentence became final and conclusive on April 20, 2013.

On September 29, 2009, the Defendant stated that “In order to establish a company for the development of ELD name” to the victim of the Daejeon Pream-gu D office operated by the victim B (the age of 43) in the Daejeon Pream-gu D office. If the product development fund is loaned, the Defendant would repay the loan to the two months or less, and would allow the agent to conduct the product if the product is manufactured later.”

However, at the time, the Defendant did not have the ability to repay the money according to the intent or promise to use the money as product development funds or company operation funds even if the money was borrowed from the victim because the financial situation was not good due to poor business performance and living expenses were insufficient.

As above, the Defendant received KRW 15 million from the victim, around September 29, 2009, KRW 20 million from the victim, around December 21, 2009, KRW 10 million around January 28, 2010, KRW 10 million around April 29, 2010, KRW 10 million on April 29, 2010, and KRW 5 million on July 3, 2010.

Summary of Evidence

1. Defendant's legal statement;

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

1. Protocol of the police statement concerning B;

1. Details of financial transactions;

1. Previous records: Application of inquiry reports and investigation reports (verification of the fixed date of judgment) and Acts and subordinate statutes;

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

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Procedure Act (amended by Presidential Decree No. 1006, Jan. 1, 2009) (amended by Presidential Decree No. 2010, Jan. 1, 2009) (amended by Presidential Decree No. 2010, Jan. 2, 2009) (amended by Presidential Decree No. 2010, Jan. 2, 2009) (hereinafter referred to

However, the defendant commits a crime.