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(영문) 수원지방법원 2015.02.11 2014고단5530
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in daily work.

On October 10, 2007, the Defendant: “B operates D Co., Ltd. while operating D Co., Ltd.; it entered into a contract to supply water purifiers of KRW 100 million and KRW 660,000 to d Co., Ltd.; but no ordering cost is any cost. When the Defendant supplies water purifiers, he shall be paid KRW 50,000,000 to d Co., Ltd.; “The cost of ordering the water purifiers shall be lent KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000 won, other than the loan, to the victim C at a coffee shop located near the Yeongdeungpo-gu court history at Suwon-si, Suwon-si; and he shall be paid KRW 16,000,000 to Apr. 30, 2008.”

However, the defendant did not have the intention or ability to repay the above money to the victim by operating the water purifier business normally, only he thought that he will repay the existing debt.

On October 19, 2007, the Defendant enticed the victim as above, and transferred the amount of KRW 41,879,120 to the post office account (E) in the name of the Defendant, including the sum of KRW 10,00,000 on October 19, 2007 and KRW 3,379,120 on October 25, 200 of the same year, and KRW 28,50,000 on November 28, 19 of the same year and KRW 41,879,120 on November 2, 2007, the Defendant had the victim completed the registration of ownership transfer to G on November 2, 2007.

Accordingly, the defendant acquired financial benefits equivalent to 160,000,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the statement made by C in the police suspect examination protocol against the accused;

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement regarding C;

1. A statement of transactions, a certificate of authentication, a certificate of registered matters, and all certificates of registered matters;

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