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(영문) 인천지방법원 2016.05.12 2016고정344
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 18, 2014, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for embezzlement, etc. at the Incheon District Court on February 18, 2014, and the above judgment was finalized on February 26, 2014.

1. On March 19, 2013, the Defendant phoneed the victim B from the French-dong, Namdong, Incheon Metropolitan City (hereinafter referred to as the “Seodong-dong”), and would pay the profits and principal equivalent to 10% of the investment amount after receiving the successful bid if the auction fund is invested.

“A false representation was made.”

However, even if the Defendant received the auction funds from the injured party, the Defendant was merely intended to use the funds for investment in another name for a third party, and there was no intention or ability to receive a successful bid of a vehicle or to pay the profits and principal resulting therefrom.

Nevertheless, the defendant deceivings the victim as above, and he obtained 3 million won from the victim to the national bank account in the name of the defendant C on the same day.

2. On March 23, 2013, the Defendant calls again to the victim B and pays the profits and principal equivalent to 10% of the investment money after receiving a successful bid for an auction fund.

“A false representation was made.”

However, even if the Defendant received the auction funds from the injured party, the Defendant was merely intended to use the funds for investment in another name for a third party, and there was no intention or ability to receive a successful bid of a vehicle or to pay the profits and principal resulting therefrom.

Nevertheless, the defendant deceivings the victim as above and acquired 4 million won from the victim to the national bank account in the name of the defendant C on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Inquiry of transaction details;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, etc. (18) and the application of the text of the judgment;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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