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(영문) 수원지방법원 안양지원 2013.06.19 2013고단39
사기
Text

A defendant shall be punished by imprisonment for six months.

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

On September 2009, the Defendant made an investment of KRW 5 million per 1,00,000,000 to the victim at the Ejuk point of the management of the Da of the Damyang-si, Annyang-si, the Defendant made a profit by one million won each time when it is sold later, and the principal may be returned at any time upon the request of the Dam Construction.

However, even if the Defendant received the above investment money from the victim, he thought that he will use it as a personal debt repayment rather than an investment money for the said large forest construction, and as a result, the large forest construction was already in default on September 20, 2008, the Defendant had no intention or ability to return the principal, even if he received the money from the victim, even if he did not receive the money under the name of the investment money from the victim.

Nevertheless, on September 2009, the Defendant received 40 million won from the victim to the bank account in the name of the Defendant in the name of the Defendant in the name of the Defendant in the name of his investment, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of suspect examination of the accused (including substitute part);

1. Statement made by the police with regard to F and D;

1. A complaint, a certificate of borrowing;

1. Certification of closure, details of transactions, and application of statutes of notarial deeds;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act provides that the defendant has agreed with the reason for sentencing, and that the defendant has no criminal records of the same kind of criminal records and of the suspended sentence, considering the circumstances favorable to the defendant, the sentence against the defendant shall be determined like the order.

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