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(영문) 수원지방법원 안양지원 2016.10.25 2016고단1043
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On April 17, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for fraud in Suwon Fabb court support on July 16, 2012, and the judgment became final and conclusive on July 16, 2012. On May 28, 2015, the Seoul East East District Court sentenced two years of suspension of execution to one year of imprisonment with prison labor for fraud, and the judgment became final and conclusive on June 5, 2015.

【Criminal Facts】

Around April 9, 2009, the Defendant made a false statement to the effect that “D” office operated by the Defendant in Ansan-si, a member C, obtained permission for adult amusement rooms from Cambodia, and was prepared for entertainment instruments. The Defendant would be able to impose money on the victim E by investing 200 million won operating capital in the business of Cambodia.”

However, the defendant did not obtain permission to operate the adult amusement room business in Cambodia, or purchase amusement equipment, and even if he received money from the victim, he did not have the intention or ability to operate the adult amusement room business in Cambodia.

The Defendant, by deceiving the victim as above, received KRW 10 million in cash on the same day from the victim, and received KRW 10 million in total from the account under the name of the Defendant on April 30, 2009 and KRW 500,000 in total from the account under the name of the Defendant on June 17, 2009.

Summary of Evidence

1. The police statement of E (electronic summary form);

1. Joint investment agreement, and inquiry into entry or departure;

1. Previous convictions: Criminal history records (A) and investigation reports (a copy, etc. of the same kind of judgment) are required to be attached, and the Defendant alleged that he did not deceiving the victim. However, the Defendant stated that he had already invested KRW 200 million in a joint investment agreement prepared between the Defendant and the victim, even though he first received money from the victim, although he had first received money from the victim Cambodia, it was stated that the Defendant had already invested in the amount of KRW 200 million.

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