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(영문) 인천지방법원 2014.01.14 2013고단4653

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On October 26, 2006, Defendant A was sentenced to one year and two months of imprisonment for a crime of fraud in the Daejeon District Court Branch of the Daejeon District Court. Defendant A was released on September 28, 2007 during the execution of the above sentence on September 28, 2007 and the parole period passed on November 2, 2007.

【Criminal Facts】

Defendant

A around the end of June 2010, Defendant B, a accommodation, called “the use of the name of E in order to make an investment in the Italian bamboo import business conducted by Co., Ltd. E (hereinafter “E”) with accommodation to another person,” and Defendant B consented thereto.

Defendant

A around July 2010, at the “G” restaurant located in the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the end of July 2010 concluded that “A is engaged in the business of importing and selling, selling, or re-exporting Italy in E, and making an investment in this business, a large amount of profit may be earned. If an investment exceeds KRW 100 million, a 2.4% interest shall be paid for the investment, and the principal shall be repaid after one year and six months.”

However, the Defendants had the intent to use the money for personal purposes, such as Defendant A’s repayment of debt and cost of living, not for a business importing Italy bamboo, even if they received an investment from the victim. In fact, Defendant A was only liable for the money at the time, and Defendant A did not have the intent or ability to pay the money even if he did not have any particular property and received the

The Defendants, as such, conspired with the victim, and by deceiving the victim, received KRW 80 million from the victim via I on July 28, 2010 from the victim to the account under J’s name.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of the witness H and A;

1. Each prosecutor's protocol of interrogation of the Defendants (including a substitute part)

1. Letter of payment, statement of account transactions in the name of J, and agreement;

1. A previous conviction in judgment: