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(영문) 서울동부지방법원 2014.08.07 2014고단363
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 2013, the Defendant sent a sampling photo to the victim C in Vietnam at a place where the Seoul Special Metropolitan City (hereinafter referred to as Seoul Special Metropolitan City) is unknown, and made a false statement that “I will sell it to KRW 100,000 per piece of land because 150,000 per piece of land at the same time.”

However, there was no intention or ability to send contact to the victim even if the victim receives the price from the victim because it does not hold contact.

The defendant, on September 5, 2013, from the victim, KRW 5 million under the pretext of down payment and introduction expenses, around September 5, 2013; the same year.

9.9.H.D.: 2.5 million won under the pretext of working expenses, the same year.

9.11.Before the year, 500,000 won as packing expenses, for the same year.

9. Any balance of 13.1 million won, and the same year.

9.17.Along on or around 17.2,80,000 won, total of 22.3 million won, was remitted to the Defendant’s agricultural bank account.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and D;

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

1. According to the evidence adopted and examined by this court, the Defendant denied the crime of defraudation by the Defendant, who received receipts, admissions, samplings, sampling photographs, Vietnam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-kyox dialogue, the message content, and the object photograph. However, the Defendant entered into a contract with the original victim to sell 150,000 won in total to the original victim (the victim’s statement is consistent, and the content of the message that the Defendant presented to the victim was consistent, and the content of the sample photograph and the publication that was divided before export that the Defendant presented to the victim is also consistent with the above statement, and the Defendant also intended to deliver the above fact to the victim by the investigative agency (see, e.g., evidence records 144), and the number at the time of sale during the above-mentioned period was insufficient without any limit of 150,000 won.

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