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(영문) 인천지방법원 2015.11.30 2015고단5473

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On September 12, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Incheon District Court, and three years of suspended execution, which became final and conclusive on September 24, 2013.

【Basic Facts】 A around September 201, the Defendant tried to operate the wa Holdings in the name of “Ewa Holdings” from the 3th, 4, and 10th, Pung-gu, Pungju-si, Pungju-si.

At the time, C provided the place of operation of the trading center by purchasing and leasing the above building, and B provided the equipment and internal material necessary for the operation of the trading center, and the Defendant was running the trading center after performing the interior work by attracting investors.

However, at the time, the Defendant had a debt of 250 million won or more as a bad credit holder, and there was no person who has to make an investment in the aforesaid wa Holdings, and there was no method to prepare the consideration for the construction cost.

【Criminal Facts】 On September 14, 201, the Defendant, along with B, made a false statement to the victim F, that “on the face of KRW 25 million with a security deposit, the Defendant would have the victim F work as the bareboat owner at the bareboat.”

However, since the above crowdfunding is difficult to complete the construction due to the construction fund, etc., there was no intention or ability to let the victim work as the bareboat owner in the above crowdfunding.

Accordingly, the Defendant, in collusion with B, by deceiving the victim as above, received KRW 5 million from the victim, namely, KRW 5 million from the seat, KRW 20 million from November 28, 201, and KRW 25 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement of the police statement concerning F;

1. A lease contract, a well-known copy, or a cash storage certificate;

1. Each investigation report (Attachment of decisions relating to crowdfunding), judgment

1. Previouss before ruling: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (Attachment to rulings relating to this case and crowdfunding);

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning criminal facts, and choice of imprisonment.