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(영문) 수원지방법원 2021.01.14 2020고단3149

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On January 9, 2013, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon Friwon, and the said judgment became final and conclusive on April 11, 2013.

[Criminal facts] On March 2010, the Defendant: (a) the victim B, who became aware of in a golf practice place at a fluence place, was offered to the victim B with a good thing at auction.

Dispatching sales proceeds

different types.

“False speech was made to the effect that it was “.”

However, in fact, the defendant had no intention or ability to use the above price for personal purposes, and there was no intention or ability to return the price to the victim because there was no particular property or income.

As such, the Defendant, by deceiving the victim, received a total of KRW 250 million from the victim, including KRW 100 million around March 30, 2010, KRW 50 million around May 18, 2010, and KRW 100 million around August 17, 2010, and acquired it by deceiving the victim.

Summary of Evidence

1. The defendant's legal statements made in court by witnesses D;

1. Statement made by the police against D;

1. An investigation report (Submission of evidentiary materials- details of text messages sent by a suspect to the complainant), text messages sent and received by the complainants and the respondent (part of the message, 2014, 2015, 2018, 2019);

1. Details of deposits, details of passbook transactions, certificates of deposit confirmation, certificates of seal impression, and statement of account classification;

1. Previous conviction: A written reply to inquiry, such as criminal history, and a written confirmation of the previous disposition (Attachment to the judgment) (Judgment on the assertion of the defendant and his/her defense counsel);

1. The summary of the argument is that the Defendant borrowed the above money from the injured party, and there is no fact that he/she received money by deceiving the injured party under the same name as the above criminal facts.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by this Court, it is sufficiently recognized that the defendant deceivings the victim as the above criminal facts and acquired money.

(1) A victim shall be from an investigative agency to this court.