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(영문) 인천지방법원 2014.12.17 2013고단5912
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 4, 2011, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the District Court for the purpose of fraud, and the said judgment became final and conclusive on November 12, 201.

On November 19, 2008, the Defendant stated that “When the Defendant invests KRW 100 million out of KRW 300 million out of the purchase price of the land to be used as an access road, 1.5 times the principal amount shall be paid within three months, and KRW 50 million shall be paid within three months, and when the land is registered, 5 million won shall be paid, and when the completion of the pen, she shall directly manage the part of the pen and distribute profits according to shares.”

However, in fact, the Defendant did not have any intent or ability to repay the principal and profits in a lump sum, even if the Defendant received business funds from the victim, since the Defendant lacks the ability to make a sexual intercourse by promoting the above business development project.

As such, the Defendant, by deceiving the victim, obtained 8,6810,000 won from the victim through F on November 20, 208, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Each police interrogation protocol of G and H:

1. A complaint;

1. A copy of a real estate sales contract, an agreement, a receipt, a written judgment, and a written confirmation;

1. Reporting on investigation (Submission of examination record of witness);

1. The Ministry of Gender Equality and Family;

1. Previous offense: The defendant's defense counsel consistently asserts that criminal records and investigation reports (the latest criminal records and attachment of a copy of judgment) (the defendant's defense counsel has leased money recorded in the facts charged to G, and therefore, it cannot be deemed that the defendant obtained such money.

However, the Defendant consistently stated that the Defendant received money from the victim E as stated in the facts charged from the investigative agency to this court.

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