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(영문) 인천지방법원 부천지원 2014.09.19 2014고단1089
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 of the final judgment.

Reasons

Punishment of the crime

On May 15, 2014, the Defendant was sentenced to 6 months of imprisonment for fraud and 2 years of suspended execution in the Incheon District Court Branch Branch of the Incheon District Court, and the judgment became final and conclusive on the 23th of the same month.

1. On September 1, 2010, the Defendant, at the Seocho-gu Seoul Metropolitan Government office of "D Co., Ltd.", and even if the Defendant did not have the intent or ability to produce movies even after receiving a motion picture production expense from the victim E, he/she may attract the victim to make investments in the production of motion pictures of KRW 300,000 for three months. When receiving an initial subsidy, he/she falsely stated that he/she would receive an investment and reimburse the costs of producing and receiving a motion picture, and he/she shall receive from the victim the money of KRW 300,00,000 on October 14, 201, KRW 300,000 on October 3, 14 of the same year, and KRW 10,50,000 on December 15, 191 of the same year.

2. The Defendant filed a criminal complaint on October 2010 by failing to pay the guidance to the members to the victim through the Victim E-type F in order to limit the number of days of the instant money to the victim’s “D” office at the end of the end of the end of the day,

If 5 million won is lent, it shall be repaid within one week.

The phrase “the meaning was false.”

However, the mother required only 2 million won to solve the problem of number of days, and even if she borrowed money from the victim, she did not have any intent or ability to repay the money within one week.

Nevertheless, by deceiving the victim as above, the victim took over the money of KRW 5 million from the victim on the 27th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Details of account transactions;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Part of the defendant under Article 62(1) of the Criminal Act;

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