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(영문) 인천지방법원 2015.07.16 2014고단7932
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around March 2011, the Defendant made a false statement to the effect that the Defendant would give 10% profits and to preserve principal when making an investment while selling clothes, Cheongbabs, and scoos in China to the victim H and the victim G, which are located in the Nam-gu Incheon Metropolitan City I.

However, the defendant has invested in the above business even after receiving investments from the victims, and there was no intention or ability to preserve the profits and principal of the victims.

On June 8, 2011, the Defendant received KRW 10 million from the victim H through the corporate bank account (K) in the name of the Defendant, and KRW 10 million from the victim G via the said corporate bank account on the same day.

Summary of Evidence

1. A defendant's partial statement (a statement acknowledged by the person in receipt of money);

1. A witness H’s legal testimony (a statement that the defendant would give 100% profits and preserve principal when making an investment while engaging in the business of selling clothes, Cheongbows, and scriptives, etc.);

1. The witness G’s legal testimony (a statement that the defendant stated that “the defendant has made an apartment to the people who invested in the past while carrying on this business, and that there exists a considerable profit from the opening of the trademark registration system, and if so, the principal will be ensured and that there is no concern about the preparation of a notarial deed.”

1. The witness L’s legal testimony (a witness was established in M and China and was not able to receive investment after establishing a corporation, and the defendant was able to engage in distribution business with participation in the above business and set up funds, but there was no agreement on specific investment money or profit, and the defendant’s statement that the defendant again received KRW 10 million from the defendant that the decision to grant the right to grant the right to grant the right to grant the right to grant the right to grant the right to pay the profit to the defendant through the statement and distribution business)

1. A letter of authentication, etc. (the fact that the defendant has prepared a written agreement on guarantee of principal);

1. The defendant;

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