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(영문) 대전지방법원 2018.10.10 2018고단2648
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 5, 2018, the Defendant was sentenced to six years of imprisonment for a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and appealed to the Daejeon High Court on June 15, 2018, but the appeal was dismissed on June 15, 2018, and the judgment became final and conclusive on June 23, 2018.

On November 27, 2008, the Defendant shows a contract to operate the right to entrust the operation of a living waste incineration facility at a forged permanent restaurant in the name of the twoamamb in Gwangju-gu, Gwangju-gu through B, and the Defendant is running the incineration business upon entrustment of the right to operate the living waste incineration facility at the time of resident stay.

If an investment of 50 million won is made, the profit will be paid every 2 million won for 10 years.

‘False speech' was made.

However, the above facts do not have been entrusted with the right to operate the daily waste incineration business, and there was no ability to conduct the business, and the amount received from the investors is expected to be appropriated for the "return prevention" formula, such as using the money for daily waste incineration business without investing in the daily waste incineration business, or paying the money to the existing investors, so there was no intention or ability to pay profits as agreed, or recover the investment money even if receiving the money from the damaged investors as investment money.

As such, the Defendant, by deceiving the victim, received 50 million won from the damaged party to B’s account on the same day as investment money, and received transfer of 50 million won from her wife to D’s account on November 27, 2008 to August 20, 2010, including transfer of 450 million won in total from November 27, 2008 to August 20, 201, and acquired the property of the victim through B through B through the same method as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against C;

1. Each report on investigation;

1. Previouss before judgment: inquiries about criminal history, text of judgment, etc.

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