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(영문) 창원지방법원 마산지원 2017.11.07 2017고단652
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On September 15, 2015, the Defendant was sentenced to a suspended sentence of two years in August, 2015 by the Changwon District Court on the charge of violating the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, and the said judgment became final and conclusive on September 23, 2015.

[Criminal facts] The Defendant, with the trade name of “C,” operated a drinking water distribution business, became aware of the victim while supplying drinking water to a restaurant operated by the victim D.

The Defendant, around April 2014, on the rooftop of the building “F” operated by the injured party in Changwon-si, Changwon-si, Changwon-si E, will take half of the monthly profits if the Defendant invested KRW 200 million.

Inasmuch as the current drinking water distribution business only takes profits of 10,000 won or more per month even with the current drinking water distribution business, the victim made a false statement as if he/she invested money in the food materials distribution business operated by the Defendant.

However, at the time of fact, the defendant had no intention or ability to divide the profits as agreed to the victim by investing the money in the food distribution business, even if he received money from the damaged person, in the existing drinking water distribution business or the defendant thought to use it individually.

Defendant deceiving the victim as above and received a total of KRW 310 million from June 4, 2014 to November 19, 2014, including the office director’s expenses, the purchase expenses, and the purchase expenses of food materials from the victim, as described in the attached list of crimes, on a total of 20 billion won, from around June 4, 2014.

Summary of Evidence

1. Legal statement of the witness D;

1. Copy of the statement made to G by the police;

1. A copy of a letter of undertaking;

1. A investigation report (a comprehensive account analysis used in this context) and details of an accompanying account;

1. A copy of a contract for the sale of beverage trading ships and equipment for sale;

1. The investigation report (G. .).

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