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(영문) 청주지방법원 제천지원 2013.11.28 2013고단588
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

On May 17, 2012, the Defendant: (a) at the Dawa Holdings Office located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) “The victim E is the representative of the Dawa Holdings; (c) is responsible for the principal of the deposit of KRW 15 million; and (d) the Party is able to hold a public performance of the Dok-to-face in Korea for one year from May 17, 2012 to May 18, 2013. The Party will be able to hold a public performance of the Dok-to-face; and (c) KRW 500,000 per case; (d) the period of the contract begins for several reservations from June 1 to August 2013; and (e) if the contract is not concluded for the return of the deposit, the Party will promptly return the deposit.”

However, in fact, since from February 2012, the Defendant: (a) made G as a formal partner and attempted to operate the trading hole independently from around February 2012; (b) did not have the right to enter into an external contract in the position of the representative of the trading hole; (c) did not have any external contracting authority as the representative of the trading hole, because (d) the Defendant transferred all business authority to the partner G on May 7, 2012 and was in fact in the status of being in charge of the operation of the trading hole; and (d) there was only one case, and there was no exercise of the LAPP made up after May 2012 (other than the exercise of the LAP, it is unnecessary to perform the LAP); and (c) there was no fact that the building owner F promised to be responsible for the return of the deposit money on behalf of the Defendant.

The Defendant received KRW 15 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A contract with the broadband and the broadband, the details of account transactions, the details of deposit and withdrawal transactions, investigation report (F and telephone investigation), each investigation report (G and telephone investigation), and written consent.

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