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(영문) 서울중앙지방법원 2018.06.07 2018고단1211
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 6, 2014, the Defendant shows the ginseng business introduction to the victim C at the agricultural company E (State) office located in Gangnam-gu Seoul, Seoul, and sells ginseng to the large marina by cultivating ginseng through a flood cultivation.

If it is necessary to give KRW 20 million as a security deposit and conduct the work ordered by an excessive order, the allowance shall be paid in 150,000 won per month, regardless of the number of days actually worked, and the deposit shall be returned when the one-year contract period expires.

“A false statement” was made.

However, in fact, the Defendant had no experience in previous years in cultivating ginseng through growing ginseng, and there is no particular qualification for education or research related to ginseng cultivation, etc., and there is no money in his/her own name or any money being in the possession of his/her own name and there is no way to pay the victim allowances if the above business is not run properly, and there is no economic difficulty, such as there is no way to pay the victim allowances. In addition, the Defendant did not have any intention to pay the deposit and agreed allowances as agreed even if he/she received money from the injured party, since most of the money received from the injured party is expected to be appropriated for the Defendant’s personal debt, living expenses, etc., and thus, there was no intention or ability to pay the money and agreed allowances.

On August 7, 2014, the Defendant received 2 million won from the injured party to the account in the name of the National Bank E (Account NumberF) account in the name of the agricultural company on August 7, 2014, and 18 million won in cash on August 27, 2014, respectively.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Complaint;

1. A copy of the contract, a copy of the receipt, and the ginseng of the fisheries credit;

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