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(영문) 대전지방법원 천안지원 2013.10.31 2012고단986 (1)
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[Criminal Power] On October 15, 2010, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act at the Cheongju District Court on the 23th of the same month.

【Criminal Facts】

1. On July 2005, the criminal defendant against the victim C made a false statement to the victim C that “A company has developed mobile phone chips that can reduce 40% of telecommunications rates by investing money in the Seoul Seocho-dong, Seocho-gu, Seoul, the Seocho-gu, Seoul, stating that “The victim C will benefit from investing money.”

However, the Defendant did not have invested his own money or acquired the exclusive sales right with respect to a company developing a mobile phone chip, and there was no intention or ability to benefit the victim by making a business selling a mobile phone chip, even if he received money from the victim with a bad credit standing of about KRW 100 million.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim, to the company bank account under D around July 8, 2005, and deposited KRW 20 million to the above account on or around the 13th day of the same month, and received KRW 85 million in total at the face value of 5 million in early August 2005, and received KRW 33 million in the above account on or around the 10th day of the same month, and received KRW 13 million in the above account on or around the 25th day of the same month, and received KRW 2 million in the above account on or around September 5, 2005.

2. The criminal defendant against the victim E is a company that has developed a mobile phone chip that can reduce 40% of the telecommunications fare from the victim E at the place of paragraph 1 in July 2005, and “The victim E has a sole right to sell a mobile phone, and the development is almost completed. It has invested more than one billion won in the Republic of Korea, and it will benefit from the investment of money.”

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