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(영문) 의정부지방법원 2017.01.10 2015고단1937
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On July 23, 2010, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Eastern District Court on August 13, 201, and the sentence became final and conclusive on October 13, 201.

[2] The Defendant invested KRW 80,000,000 in total as business funds, etc. from the victim D with respect to the sales agency business of the C building from September 2007 to October 20, 2007, but did not actually run the business and did not make any profit at all to the victim according to the agreement, thereby receiving a demand for the return of the investment amount.

However, the defendant could not carry out the business again even though it was difficult for the victim to carry out the business on behalf of the third party at the office of the defendant in Dongducheon-si around April 8, 2008.

In addition, the new building sales agency project is also being implemented in the local area (e.g., Ulsan and a large scale). The purpose of this study is to make an additional investment in the project fund to pay the existing investment fund in a lump sum with the profits earned from the above projects.

However, at the time of fact, C was suspended from the construction due to the financial problem of the Si event, and the new construction could resume, but it was not clear whether it could resume the new construction, and the specific sales agency failed to secure the business status, and there was no intention or ability to pay the profits according to the agreement, even if it was intended to use the investment funds for the individual purpose in the absence of any particular hospitalization or ability, and even if it was intended to receive the investment funds from the damaged person.

Accordingly, the Defendant, as seen above, by deceiving the victim as above, received KRW 50 million from the victim for the same day as the investment money, and received a total of KRW 9,4130,000 from that time to January 19, 2010, as shown in the list of crimes in attached Form 16 times, from that time.

Summary of Evidence

1. Entry of a defendant's partial statement in the sixth public trial records (as for the fact that money is received, time limit) ;

1. Witnesses F and G respective legal statements 1.

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