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(영문) 인천지방법원 2015.09.22 2014고단9148
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

The Defendant had been running D from around 2002, since around 2008, the financial situation of the Defendant aggravated, and was closed ex officio on September 26, 2012, and was registered as a bad credit holder around 2010, and was in a situation in which it was economically difficult for the Defendant to pay more than one million won on the interest of the loan that was received from bank notes at the time.

1. On October 27, 2010, the Defendant made a false statement to the victim E as follows: “Around October 27, 2010, the Defendant sought water exchange with the Hemotoel in the same Gun G in a physical place. If the Defendant wishes to operate the her motherel, he/she sent KRW 20 million as the down payment.”

However, in fact, the defendant did not have any intention or ability to operate the telecom with the victim by concluding a water exchange contract, such as that he did not talk about the telecom exchange contract with I who is the owner of the telecom at the time.

The Defendant received 20 million won from the victim as the down payment.

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

2. On December 8, 2011, the Defendant made a false statement to the victim that “Around December 8, 2011, the Defendant purchased the auction land of the National Bank of Korea, which is in the game nature, and the part of the land was changed to KRW 20 million as the purchase price in the name of the victim.”

However, the defendant did not have any intention or ability to transfer the name of the victim because he did not purchase the above land.

The Defendant received 20 million won from the victim as the down payment.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Part of the police investigation protocol against the defendant (including the part concerning the statement of the E);

1. Statement of the police statement of E;

1. Court rulings;

1. Each record, such as a copy of each register and each passbook, shall be stated respectively;

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