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(영문) 의정부지방법원 2020.05.14 2019고단3324
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 14, 2018, the Defendant shows his intention to the victim B at a coffee shop located in the nearest of the Dobong Police Station located in Dobong-gu Seoul Metropolitan Government, and “The employee’s wages are not paid to construction business. This Do itself is the intention that the director of the Department of the C Museum appraised, and is expected to sell at least KRW 100,000,000. If it is lent KRW 18,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and if it is not sold, it is said that the Defendant would pay KRW 20,00

However, the Defendant did not have experience in selling his own, and he was unable to receive the value of his selling in Korea, and was unable to sell his own as a normal procedure due to the relationship subject to seizure in China, and was not equipped with the purchaser directly with the person wishing to buy his own, or due to the lack of contact with the person wishing to buy his own, and did not have any intention or ability to sell his own goods within the month of the lack of open storage, etc., and there was no intention or ability to repay KRW 20 million after the month of the lack of conclusive income.

The Defendant, by deceiving the victim as such, received KRW 18 million from the victim’s bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Investigation report (as to confirmation of details of passbook transaction and F);

1. Application of Acts and subordinate statutes, such as a copy of a loan certificate, a statement of withdrawal, a photo, a name photograph, a real estate sales contract, a standard contract for construction works, a written estimate, a written statement of deposit transaction, a copy of a bankbook, a statement of passbook transaction, a public document on construction permission, a business cooperation meeting, and a reply to the ledger

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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