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(영문) 인천지방법원 부천지원 2016.05.13 2016고단407

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, together with C and D, committed as if he invested KRW 20 billion in the construction project of the complex building in the main building, which is promoted by the Dapo-si High Village of Kimpo-si, Kimpo-si, Kimpo-si, and tried to obtain money from the victim E.

On March 2, 2012, the Defendant introduced, at a law firm G office located on the 14th floor of Seocho-gu Seoul Metropolitan Government F building, C along with D, as the president who could raise funds of KRW 20 billion in the above business. A copy of the passbook where a balance of KRW 135 billion is deposited at around that time, the Defendant presented to the victim a copy of the passbook where the balance is deposited, and then, at the time of paying the victim the sum of the agreed money and the advance interest, the Defendant made an investment of KRW 20 billion until March 20, 2012.

“The meaning of “.......”

However, the defendant, C, and D did not have the intent or ability to invest in the projects promoted by the victim as above.

Nevertheless, the defendant, by deceiving the victim with C and D, and under the pretext of an agreement from the victim, he/she shall be charged with KRW 20 million on March 2, 2012, KRW 80 million on or around June of the same month, KRW 75 million on or around the 20th day of the same month, KRW 40 million on or around the 22th day of the same month, and KRW 40 million on or around the 22th day of the same month, and under the pretext of recognition.

6. A around 22.2. A received a total of KRW 219 million, including KRW 4 million, from each of the national bank accounts in the name of A, respectively.

Accordingly, the defendant was given property by deceiving the victim in collusion with C or D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Some statements made in the suspect examination protocol of a public prosecutor in relation to C or D;

1. Statement made by the police for E;

1. A criminal investigation report (a copy of victim E-Submission pocket book);

1. Application of Acts and subordinate statutes to a copy of a fund investment contract, a copy of a receipt, a copy of a letter of commitment, a copy of a certificate of loan, a copy of a certificate of confirmation, a copy of a passbook transaction, a detailed statement of deposit transactions,

1. Relevant Article 347 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, the reason for sentencing of sentence of imprisonment [the scope of recommendation].