(영문) 의정부지방법원 2013.10.10 2013고단1017

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(영문) 의정부지방법원 2013.10.10 2013고단1017

사기

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On December 14, 2011, the Defendant: (a) called, “A victim C who called for a business start-up consultation on December 14, 2011, who called for a victim to receive a counseling on business start-up (hereinafter “C”); and (b) “I wish to conclude a contract to send down payment.”

However, even if the Defendant received money from the victim but did not have the victim to actually conclude the contract with the money, the Defendant deceptioned the victim as above and obtained 1.5 million won from the victim as shown in the [Attachment Table] No. 1 on the same day.

2. On December 21, 201 and January 4, 2012, the Defendant stated, “The Defendant, at the victim’s house located in Ulsan Jung-gu, Ulsan-gu, that “it will start a tecagle in Seoul, and will make an investment of KRW 50 million in the said tecacacacacacacacacacacacacac, in the name of money, to make an investment of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000 won.”

However, even if the Defendant did not obtain money from the victim in a state where it was unable to secure an investment risk, he did not intend to use the money for the purpose of the investment, and did not have the intent or ability to repay the investment money to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 53.5 million from the victim under the pretext of investment and investment fees, as shown in [crime List] Nos. 2 through 7.

3. On April 17, 2012 and April 18, 2012, the Defendant called the victim C with a total of KRW 3.5 million by phoneing the victim C on April 2012, 2012, and fraudulently concluding that “The Defendant shall remodel the teculation point invested by the party, and make an investment in money from an enterprise conducting remodeling.” The Defendant received a total of KRW 3.5 million from the victim as indicated in [crime List] Nos. 8 and 9.

Summary of Evidence

1. Statement by the defendant in court;

1.With respect to C:

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