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(영문) 대전지방법원 천안지원 2018.05.04 2017고단375
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 19, 2017, the Defendant was sentenced to imprisonment for one year and six months as a crime of fraud in the Daejeon District Court's Incheon District Court's Branch on January 19, 201, and the judgment became final and conclusive on October 12, 2017.

The defendant is the representative director of K, who is a real estate sale and development company, and CN is the vice president.

On October 6, 2015, the defendant and CN conspired to sell the goods to the victim CV at the fourth floor CP store of the Gyeyang-gu Incheon COCO building in Gyeyang-gu, Incheon.

That said, the phrase “a change in articles in the event” was false.

However, on September 2015, the above Kimhae's sales contract was terminated, and 70 million won was already returned by the agent, and around that time, it was bad credit standing in which the agent did not pay mobile phone prices. While lending money to the investors of various business selling scenic items on the condition that 2-3% interest per month was paid, there was no fact that the sales business of scenic items was actually carried out, and there was no fact that the interest could not be paid.

Accordingly, the Defendants deceiving the victim as above, and received approximately KRW 126,300,00 from the injured party about KRW 293,00,00, such as bags, shoess, and hairs.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness CR;

1. Statement of the witness C Q in the fifth public trial records;

1. Statement of the witness CS in the sixth public trial records;

1. Investigation report (Attachment to a contract for sales agency of the business of constructing Q hotel), investigation report (to listen to the statement of the operator of Q hotel business CT telephone tape recording), investigation report (to submit reference materials, such as a witness CS confirmation and ex-factory certificate);

1. A written contract for supply of goods, a written statement of performance, and a statement of delivery of goods;

1. All certificates of registration (K).

1. Previous convictions in the judgment: A investigation report (report attached to a copy of the judgment of the first instance court in the case of fraud by A or CR), and one copy of the judgment (Supreme Court Decision 2017Do1844) (applicable to the law of the court below

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment (Selection of Imprisonment) of the Criminal Act

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