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(영문) 수원지방법원 안양지원 2019.08.08 2019고단1149
사기등
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On February 3, 2012, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court of the Jung-gu District on December 11, 2012, and its judgment became final and conclusive on December 20, 2012, and the Defendant was sentenced to eight months of imprisonment for the same crime in the same court on December 20, 2013, and the judgment became final and conclusive on December 28, 2012.

【Criminal Facts】

1. Around March 2009, the Defendant made a false statement to the victim B, who is a member of the Korea Edridton club in Seoul, Jung-gu, Seoul, stating that “The Defendant is running a business for Edridton goods in China. When investing funds, the Defendant imported shocks in China from China to divide profits by selling shocks in China.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to engage in the business of importing and selling shocks in China.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 6,00,000 from the victim as the purchase price for shocks around March 19, 2009, and acquired KRW 134,537,350 in total on 25 occasions from around that time to November 20, 2010, as shown in the attached crime list 1.

2. From August 16, 2011, the Defendant embezzled KRW 75,00,000 after two months after the victim’s investment in the construction cost to the extent of KRW 50,000,00,000, the Defendant embezzled the victim’s total sum of KRW 45,000 from August 16, 201 to August 18, 201, and embezzled KRW 15,00,000 for the victim’s investment in construction cost as shown in attached Table 2, as shown in attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the statement B made by the prosecution against the defendant in the suspect interrogation protocol (second time)

1. Investigation report (Adjustment of an amount in custody and preparation of a list of crimes);

1. Details of account transactions;

1. Before judgment:

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