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(영문) 광주지방법원 해남지원 2017.10.12 2016고단373
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 13, 2009, the Defendant was sentenced to a suspended sentence of ten months for a crime of fraud, and on April 21, 2009, the judgment became final and conclusive. On February 13, 2014, the Seoul Eastern District Court sentenced two years to imprisonment for a crime of fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on March 24, 2014.

On March 2010, the Defendant acquired the victim E with the right to operate a simple restaurant at the construction site (hereinafter referred to as the “brine restaurant”; hereinafter referred to as the “brine restaurant”) at D Distribution Office located in Kimpo-si, Kimpo-si.

In this place, it was false to introduce a restaurant, which demands 20 million won as down payment."

However, at the time, H did not definitely receive the right to operate the restaurant as the box of the above construction site, and the defendant did not have the right to select the restaurant operator and did not give any guidance to the defendant, and the defendant did not have the intention or ability to give the victim the right to operate the restaurant at the construction site.

On March 15, 2010, the defendant deceivings the victim as above and acquired the money from the victim to the I Bank account (J) of the Industrial Bank of Korea managed by the defendant on March 15, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. An identification card No. 1, a book of company, a statement of remittance No. 2, a statement of remittance No. 2, a statement of remittance No. 2, and a certificate of cash custody;

1. Investigation report (for the head of the G Taekwondo site construction site, telephone conversations with K and witness L and telephone conversations with the witness at the time, and for the actual operator of the house at the construction site of G Taekwondo);

1. Previous convictions in the judgment: Inquiry of criminal records into criminal records, reporting on the previous convictions in the disposition (three copies), reporting on the investigation (reports attached to suspects' judgments, etc.), one copy of each judgment, and one copy of the current status of confinement of suspects (the defendant and his/her defense counsel recognized the fact that the defendant and his/her defense counsel received remittance of KRW 20 million from the injured party as stated in the judgment of the court, but in fact, G Taekwondo Chapter F of the former North Korea.

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