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(영문) 수원지방법원 2019.11.22 2019고단4034
사기
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On August 21, 2018, Defendant A was sentenced to six months of imprisonment for a crime of fraud at the Suwon District Court on August 21, 2018, and the judgment was finalized on November 5, 2018.

【Criminal Facts】

Defendant

A and Defendant B are between the two pages, and the victim C (n, 60 years of age) is between the two pages, through Defendant B, who is the branch, and the two are known to each other.

On October 26, 2015, the Defendants stated that “E” restaurant for Defendant A’s operation in Suwon-si, Suwon-si, that “A shall pay the part payments to the Plaintiff, and that “A shall pay the part payments to the Plaintiff.” Defendant A shall be paid the part payments of KRW 20 million. If the Defendants borrowed KRW 20 million as part payments, they shall receive the part payments after three months.” Defendant B provided that “A shall pay the part payments to the Defendant.” The Defendant B provided that “A shall have paid the part payment of money to the Defendant who is deemed to have believed to have the end of time. I will lend money to A.”

However, in fact, the Defendants planned to borrow the above money from the victim and make an investment of KRW 10 million to the F engaged in the trade business, respectively. At the time, Defendant A’s children paid the part payments of apartments, and Defendant A did not receive the payment of the time after three months.

Nevertheless, the Defendants deceiving the victim as above and received KRW 17.5 million in cash on the same day as the loan money from the victim, and acquired KRW 1.3 million in total through G account under A’s name and acquired 20 million in cash.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspect by some prosecutors against the Defendants

1. Statement of the police statement regarding C;

1. A criminal investigation report, investigative report (theF telephone conversations of a witness, police), criminal investigation report (the victim C telephone conversations), criminal investigation report (the victim C telephone conversations), investigation report (the F telephone conversations of a witness, the prosecution), and criminal investigation report (the victim H telephone conversations);

1. Previous convictions in judgment: Criminal records and investigation reports (verification of suspect's previous records and confirmation of the latter concurrent relations) shall apply to Acts and subordinate statutes;

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