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(영문) 전주지방법원 2013.08.22 2013고단1558

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 24, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor at the Jeonju District Court for fraud, and the judgment became final and conclusive on June 1, 2013.

1. On May 6, 201, the Defendant made a false statement to the victim E through D, stating, “If the Defendant invests KRW 50 million out of the performance guarantee amounting to KRW 200,000,000,000,000,000,000,000,000,000,000, in order to provide financing of KRW 1,60,000,000 from Company F in connection with G cooking business from Company F, the Defendant would return the profits of KRW 75,00,000 until May 30, 201 to further KRW 125,00,000.”

However, the defendant had no intention or ability to make a normal investment even if he has received an investment of KRW 50 million from the victim.

The Defendant received KRW 50 million from the victim to the Japanese bank account (H) in the name of the Defendant on the same day.

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

2. On May 22, 2011, the Defendant made a false statement to the victim E at the J office in Seocho-gu Seoul Metropolitan Government, stating that “Around May 22, 2011, the Defendant would complete payment as KRW 25 million prior to sending KRW 200,000,000.”

However, the defendant did not have any intention or ability to repay even if he borrowed 2 million won from the victim.

The Defendant received KRW 2 million from the victim to the Japanese bank account (H) in the name of the Defendant on the 25th day of the same month.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E (including D's statement);

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and investigation reports) Acts and subordinate statutes, including criminal records;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;