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(영문) 대전지방법원 홍성지원 2018.12.11 2018고단439
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from the “D” located in Bosa City around December 5, 2009, to the victim E in Bosa City around December 5, 2009, 20 million won consisting of 11 guidance members.

It is intended to organize the successful bidder and receive it as a fraternity.

If a fraternity is paid, it will be allowed to receive 20 million won in the last order.

“A false statement” was made.

However, the above successful bidder did not have an intention or ability to pay the money to the victim by operating a normal system even if the defendant borrowed money from the beneficiary and then paid the money to the beneficiary, or to return the advance payment to the beneficiary who had been operated at the time. In order to prepare the main operating expenses, the employee was admitted as the leader, and he did not have an intention or ability to pay the money to the victim by operating the normal system even if he received the money from the victim due to the personal debt of 0 million won from the lender and the lender.

The Defendant was paid in cash from December 5, 2009 to September 5, 2010 the sum of KRW 18 million each month from around December 5, 2009 to around September 5, 2010 by the damaged party.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and H:

1. The certificate of borrowing (11) , the statement of deposit and withdrawal transactions (16) , the account details (23) ;

1. A criminal investigation report (report on the hearing of statements from the senior H and I), an investigation report (referring to a report on the hearing of statements from a witness I);

1. We examine the determination on the assertion of the Defendant and his defense counsel at the Daejeon District Court, the Daejeon District Court 2010 Ghana 85, the Daejeon District Court Hongsung Branch 2017Kabu 245, and the evidence duly adopted and examined by this Court.

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