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(영문) 전주지방법원 2015.07.16 2014고단1864
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a household distributor, became aware of the victim D, who is a professor of C University, while delivering a household to the previous school at around 2004, and was engaged in a successful business, such as the Plaintiff himself/herself having a golf membership of his/her Kim system, and having been aware of E, and had much emphasis on his/her re-performance and ability.

On July 11, 2013, the Defendant stated that “In the research institute of the victim, C University Agricultural Team No. 2, 2, and 104 located in F in the Jeonju City, the Defendant would obtain a large amount of profit from the sale of a household in stock by acquiring a small and medium-sized household enterprise in a crisis of business closure at the intermittent value. If the Defendant invests in the maximum amount of KRW 2,000 - 30 million, the Defendant would give 20% interest of principal and 20% after the two months,” and that “B would ensure the benefit of 20% on the face of reliance and making an investment,” from the victim who refused this, the Defendant said that “I would have made a benefit to several professors of C University.”

However, in fact, the Defendant did not have received any investment from the professor of the Cuniversity and did not intend to use it for the settlement of construction cost, such as personnel expenses of the Gu-U.S. G Remodelling Corporation, which was in progress at the time of lending money from the victim, and there was no intention to accept the household. Therefore, even if the Defendant received any investment from the victim, the Defendant did not have

The Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the Agricultural Cooperative Account (I) in the name of H designated by the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A complaint;

1. Application of each specification of transactions, text records, certified copy of the register, subcontract agreement of construction works, and data and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution;

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