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Reasons
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(영문) 인천지방법원 2018.05.16 2018고단1100
사기
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A defendant shall be punished by imprisonment with prison labor for four 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

On May 27, 2017, the Defendant: “A victim C has a representative code that allows B to open the clothing store to D, E, and F Mat, etc. located across the country of B; at the same time, the clothing store was defective, D site shop was opened to B, and the event shop was first set to be set to B, and the event shop was set to be set to 30 million won per monthly, and the total net profit will be 10 million won per month, and the amount of investment will be 30 million won per month.

B. Of the investment funds, some of the AF made a false statement to the effect that the AFF loans are deposited in the TF in the TF.

However, there is no fact that the Defendant applied for a loan for investment, and the Defendant had no ability to invest KRW 30 million, and the Defendant had already been unable to operate the store in D, and there was no intention or ability to open the store for a period of three months or to operate the store as agreed, even if the Defendant received the investment money from the damaged party, since it was merely a short-term event, and it was not possible to operate the store in D.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 9 million from the victim on May 27, 2017, KRW 5 million on June 4, 2017, and KRW 6 million on June 5, 2017, and KRW 10 million on June 5, 2017. However, the Defendant received KRW 5 million on June 4, 2017 and KRW 15 million on June 5, 2017, respectively (in the investigation records, KRW 11,5 million on June 5, 201).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (referring to witness H and I telephone communications);

1. Investigative reports (to hear statements from witnesses);

1. A certificate of borrowing, certificate of borrowing, certificate of borrowing, and certificate of contract terms and conditions;

1. The application of a record of communication between the complainant and the suspect, etc.

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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