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(영문) 수원지방법원 여주지원 2017.11.10 2017고단222
사기
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above punishments shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants conspired with Chinese national F in sequence, and made use of the fact that the victim G is interested in Chinese business investment, and made a life supply contract with Defendant B H Mart with the victim as if the victim F entered into a life supply contract with Defendant B H Mart, and can receive profits from the investment in the life supply business.

In other words, it was planned to acquire the investment money from the damaged person.

In accordance with the above plan on March 2014, Defendant A entered into a contract with the victim for the business of supplying raw water to H Mart in Yongsan-gu Seoul, Yongsan-gu, Seoul. Defendant A around March 2014, Defendant A would have the victim receive revenues of at least KRW 10 million per month when investing KRW 60 million.

The phrase “ makes a false statement.”

However, the Defendants did not have entered into the above life water supply contract, and only Defendant B did not have any intention or ability to pay profits by running the life water supply business as above, since Defendant B’s type F supplied rice, syp, etc. to H Mart in North Korea.

Nevertheless, the Defendants deceptioned the victim as above, and acquired the victim’s total sum of KRW 60 million, including KRW 50 million on April 2, 2014, KRW 8.3 million on April 30, 2014, KRW 8.3 million on April 2014, and KRW 60 million on May 2, 2014, from the victim to the one bank account under the name of Defendant A (K) from the victim, and acquired the money under the pretext of investment in the supply business of H Mart.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Protocol concerning the Interrogation of Suspect against the Defendants (including theG statement)

1. Entry of the protocol of examination of the witness G in the third public trial records;

1. Each complaint filed by G;

1. Each statement protocol with respect to G;

1. Details of banking transactions, records of writing notes, and records of each recording;

1. A protocol concerning the examination of suspect of the police against the defendant A (including the statement inG);

1. He-mail replies;

1. A fund investment contract;

1. A criminal investigation report (the details of Defendant A’s use of money) applying statutes;

1. Criminal facts;

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