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(영문) 수원지방법원 성남지원 2020.05.21 2020고단339
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On May 23, 2018, the Defendant: (a) made a false statement to the effect that the Defendant was injured by the People’s Republic of China; (b) the Defendant did not have any money to invest KRW 200 million in the Defendant’s restaurant business; and (c) the Defendant’s seat did not have invested in the Defendant’s restaurant business; and (d) even if having received money from the victims as investment money, the Defendant did not intend or have the intent to transfer the profits and the corporation’s share established; (b) the Victim B and C would have invested KRW 20 million in Vietnam and would have invested in KRW 50,000,000,000,000,000,000,000 won, in total, from the victim C around June 15, 2018 (the sum of KRW 400,500,000,000,000,000,000).

2. On March 2019, the part of the Defendant committed the crime against the victim E, the Defendant was transferred KRW 30,00 won from the victim to the company bank account in the name of the Defendant on April 20, 2019, on the following grounds: (a) the Defendant did not have the intent or ability to establish a restaurant franchise store even if he received money from the victim E; (b) notwithstanding that the Defendant did not have the intent or ability to establish a restaurant franchise store, the said victim made a false statement: (c) the Defendant changed 30,000 won with the franchise business with the franchise fee for the restaurant franchise to the company bank account in the name of the Defendant on April 20, 2019.

Summary of Evidence

1. Protocol of examination of the suspect of the defendant, concerning the defendant's legal statement;

1. Each criminal complaint filed against B, C, and E in the police statement;

1. 계약서 사진, 계좌내역, 메신저 내역, 피의자 계좌내역, 송금증, 위쳇 대화내용 법령의 적용

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Criminal Act among concurrent crimes.

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