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(영문) 인천지방법원 2019.08.22 2018고단9158
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. The Defendant, on August 10, 2017, received from the victim Nonparty B a delivery of KRW 100 million from the law firm E located in Mapo-gu Seoul, Seoul, to the victim by telephone, stating that “There is a way to resolve the monetary problem with A, and if 100 million won is invested, it may receive a return of KRW 300 million within 30 million.”

However, even though the Defendant did not have any intent or ability to increase three times the money received from the victim within three days including weekends, he/she acquired the said money by fraud with the victim.

2. Defendant B’s crime committed the crime committed by the Defendants was committed with F F’s intent to receive KRW 100 million from the victim to pay 3 times the profit by receiving the said KRW 100 million as above, and the Defendants did not properly proceed with the above work by borrowing additional money from the victim.

On August 16, 2017, the Defendant: “Around 16, 2017, the Defendant, in G, received KRW 300,000,000 from the victim G to “on the one hand, the amount prepared may be returned to KRW 70,000,000,000,000. If the Defendant borrowed KRW 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, even if Defendant A was not able to return money of KRW 70 million on the day and Defendant A did not pay KRW 70 million on the day, he/she acquired the said money by fraud to the victim, as seen above, even though he/she did not have the intent or ability to return money.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. The legal statement of the witness C;

1. Part of the witness J’s legal statement;

1. Prosecutorial suspect interrogation protocol against the Defendants

1. 5 billion won photograph of passbook balance sent by Defendant B to the complainant is 3 days.

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