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(영문) 수원지방법원 2015.10.05 2014고단6758
사기
Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

Defendant

B is the representative of E Co., Ltd., a company operating a camping ground located in the area D in the area of the wife population in the city of Young-si, and Defendant A is the person who operated the above camping ground with Defendant B.

On August 1, 2013, the Defendants conspiredd with the victim F and intended to rent a site for camping and operate the camping site to the E office, Co., Ltd., Ltd., stating that “If 70 million won out of 100 million won of the security deposit was prepared, and the remaining 30 million won is invested in her mother and child, 20% of the profits from the operation of the camping site will be paid.”

However, at the time, the Defendants did not pay the rent for the camping ground operated in the name of the company E for several months without any particular property or income, and did not provide the monthly wage for employees, and thus, even if they did not invest the money from the victims, they did not have the ability or intent to pay profits to the victims by leasing and operating the camping ground. However, the Defendants thought that the money received from the victims would have been consumed as their own living expenses, etc.

The Defendants deceptioned the victims as such, and remitted the amount of KRW 5 million from the victims on August 1, 2013, and was exempted from the liability of KRW 5 million for the production cost of the website to the victims.

Summary of Evidence

1. Some prosecutorial suspect interrogation protocol against the Defendants

1. The legal statement of witness F and G;

1. A report on investigation;

1. Application of Acts and subordinate statutes on the details of transactions of ordinary deposits, electronic financial transfer certificates, written contracts on the operation, etc. of the camping site website, certificates of contents, full certificate of registered matters, details of transactions of self-reliance deposits, and details of transactions of deposits and withdrawal;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts

1. Defendants on probation: The details of the crimes committed by the Defendants, the amount of damage, and the Defendants on the grounds of sentencing under Article 62(1) of the Criminal Act.

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