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(영문) 수원지방법원 여주지원 2014.11.03 2014고단529
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 11, 2014, the Defendant was sentenced to five years of imprisonment for fraud, etc. in the branch court of Suwon District Court on July 11, 2014, and the Defendant appealed and is still pending in the appellate trial.

On January 2012, the Defendant, in the “AE” located in Ischeon-si AD, deemed the victim AF to be a veterinarian and doctor who had the department of veterinary science in Seoul, and operated a pet farm and animal research institute in Gwangju-si. The Defendant made a false statement to the effect that “AE” is a pet farm and animal research institute located in Gwangju-si. When organizing clothes business and investing in pet business, a few times the principal amount can be punished.”

However, in fact, the Defendant did not graduate from the Seoul Medical Department, and did not have a veterinarian or doctoral degree, and otherwise did not have any asset or profit, nor had no intent or ability to pay money by operating a dog business as stated by the victim, and there was no intention or ability to pay money. In the situation where the Defendant paid a debt equivalent to approximately KRW 700 million, such as gambling debt, he received the amount of damage and used it for the repayment of the existing debt

As such, the Defendant, by deceiving the victim as such, received KRW 3 million on February 2, 2012, KRW 5 million on February 10, 2012, KRW 14 million on February 14, 2012, KRW 600,000 on February 14, 2012, and KRW 22.4 million on February 23, 2012 from the victim as investment money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness AF;

1. A protocol concerning the examination of the accused by the prosecution (including the AF statement);

1. A complaint;

1. Application of Acts and subordinate statutes on trading lists;

1. The relevant provision of the criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the reason for sentencing of sentence of imprisonment [the scope of recommendation] general fraud [the grounds for sentencing of sentence] and there is no basic area (6 to 100 million won) [6-1 year and 6 months] [the decision of sentence] [the decision of sentence] a case where a defendant assumes money from a victim by misrepresenting the victim's educational background and career, and an investigation agency denies a criminal act that the complainant paid money to the defendant by making the victim live together as the defendant as a relation with the complainant.

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