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(영문) 수원지방법원 2018.08.09 2017고단8397
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

【Criminal Records of Crimes】 On September 7, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for the crime of embezzlement at the Suwon Friwon, and the said judgment became final and conclusive on September 15, 2017.

【Criminal Fact-finding on August 2014, the Defendant recruited investors as KRW 200 million per unit of the Gu to the victim E, who was aware of the fact-finding in the vicinity of the third apartment house located in the Gu-to-Eup of the Gu-Eup in Cheongju-si, Cheongcheon-si.

1 If there is an idea that an investment will have been made in the Gu-based investment, it shall prepare and make an investment.

In making an investment, dividends shall be paid to the second part of each month.

The phrase “ makes a false statement.”

However, even if the Defendant received money from the injured party, it was thought that all of them will be used for the repayment of its existing debt or living expenses, etc., so there was no intention or ability to make a payment of 2% of the monthly investment to the injured party by investing the money from the injured party in the F Mart or by paying the dividend to

On September 30, 2014, the Defendant, by deceiving the victim as such, received money from the victim to the new bank account (Account Number: G) in the name of the Defendant under the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement under E in the police and the prosecution examination protocol against the accused;

1. Statement made by the police with H;

1. Copy of each protocol concerning the suspect examination of the police against the accused;

1. Part I of the protocol (two times) concerning the examination of the suspect against the accused;

1. Statement made by the police for E;

1. A copy of each police statement by H and J [the defendant and defense counsel in fact received investment money from the injured party to invest in F Mt, so the defendant and defense counsel asserts to the effect that they did not actually have the intent of deception and deception.

However, even if the defendant's assertion is based on the defendant's argument, it was time to use the funds as the business preparation at the time.

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