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(영문) 인천지방법원 2020.08.14 2019고단9031
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for four months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A and B, with the opportunity to keep a false contract form, which states that Defendant A will participate in the business by d and E from the (State) in which Defendant A is the representative director of the organization, and that Defendant A would be aware of the investment money by iceizing the business of processing the waste cables.

From October 2012, the Defendants made a false statement to the effect that, at the (ju) F Office where Defendant A, located in Seo-gu, Incheon Metropolitan City, and the fourth floor, was the representative director, the Defendants presented the above contract to the victim H, and that, at the time of reprocessing and selling the non-processed electric wires discharged from D companies after bringing them to F, they would be money if they sold them by reprocessing and reprocessing. When investing KRW 70 million, the Defendants returned the principal after three months, and paid the investment proceeds of KRW 4 million per month for 24 months.

However, there was no fact that the Defendants did not enter into a contract with D on the takeover of an waste cable, and the amount of investment received from the victim was used as a compensation for damage to the I who suffered damage to the investment fund in connection with the previous business, or as a credit card payment.

Nevertheless, the Defendants were transferred from the victim to the account in the name of the said (P)F on October 31, 2012, KRW 30 million, and KRW 40 million on November 2, 2012, respectively.

As a result, the Defendants conspired to deception the victim by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Application of joint project agreements, contract forms (D) and written confirmations, Acts and subordinate statutes;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Defendant A: Article 62-2 of the Criminal Act.

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