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(영문) 의정부지방법원 2013.03.19 2012고단856
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 3, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Jung-gu District Court on February 11, 2012, and the said judgment became final and conclusive on February 11, 201, and the fact was to be used to invest most of the investment funds received from investors in the business of manufacturing Maddton C, which the Defendant was seeking to use in the business of manufacturing Madridton C, or to import the Madern cock with a high value without human being, and did not think that the Defendant was to sell the Madern cock after importing Madern cock without being able to receive the investment funds from investors, and thus, the Defendant acquired the money from the victim D and E to the effect that “The Defendant would receive high-level brand Madton cock revenue and sell it.” The Defendant shall receive the investment funds under the name of the victims and 160 million won from each of the 1910 million won accounts.”

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. Statements made by witnesses D and E in the second trial records;

1. Details of the cafeteria importation;

1. A detailed statement of each entry and withdrawal transaction;

1. Previous records of judgment: Application of inquiry reports and investigation reports (a) Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Determination as to the defendant and his defense counsel's assertion among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

1. The summary of the claim and the defense counsel made an investment that the defendant received the investment money from the victims, but the victims at the time made an investment by the defendant to report the Defendant's sales or business ability of Madminton cocks, and to import Madton Madton Madex brands.

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