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(영문) 인천지방법원 2018.10.26 2018고단5025
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 22, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for a crime of violating the Act of Defense at the Incheon District Court on December 22, 2017, and the said judgment became final and conclusive on December 30, 2017.

[2] The Defendant is the president of the Central Headquarters C, D’s representative of the Central Headquarters C, and E, on behalf of the victim F, a person who entered into a contract for the use of the G Do dog athletic games and the Do dog goods EXPO (hereinafter “the instant Do dog goods EXPO”).

On May 10, 2017, the Defendant concluded a contract with E on behalf of the victim for the use of the instant pet goods EXPO facility in the Bupyeong-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City on behalf of the victim on May 10, 2017, and upon paying KRW 15 million to E, the Defendant would have the right to operate a string that sells the pet goods fair to be held in the Bupyeong-gu, Incheon Special Metropolitan City H Park.

“A false statement was made to the effect that it was “.”

However, the Defendant obtained permission for use of H Park on April 26, 2017 from the Bupyeong-gu Incheon Metropolitan City Bupyeong Cultural Sports Division, and on May 1, 2017, from the Bupyeong-gu Incheon Metropolitan City Seo-gu Seoul Metropolitan City Seo-gu Greenbelt division for the purpose of profit-making and cooking in H Park, respectively, under the condition that he/she prohibits profit-making activities and cooking activities in H Park. Therefore, even if he/she is paid KRW 15 million from the injured party, the Defendant did not have the ability to have the injured party operate a straw that is able to sell the selling food at the EXPO for the instant dog products.

On May 12, 2017, the Defendant, by deceiving the victim, received KRW 15 million from the victim, via the Agricultural Cooperative Account in the name of I on May 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Each police statement made to the F and J;

1. Each investigation report (the complainant's telephone call, attachment of a detailed statement of transaction, contract, proposal, attachment of mail contents, details of I telephone call);

1. A contract for facility use, permission for the use of a park in Bupyeong-gu, Bupyeong-gu (park greenbelts and -6394), approval for the use of a sponsor's name (economic support and -22834);

1. Account details, suspect D.

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