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(영문) 인천지방법원 2015.02.12 2014고단5707
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 201, the Defendant stated that “A victim E (the age of 62) leased and operated an apartment-type factory,” and made investment in the factory bill. It is safe to discount bills as security for factory rental deposit. In the case of invested money, the Defendant paid interest at 1.5% per month and made an investment at 3-month rate, and then returned the principal if the demand for repayment was made 2-month period.”

However, even if the defendant received money from the victim, it was thought that it was used as the husband's operating expenses of the defendant, not the company bill investment.

The Defendant, as above, makes a false statement to the victim and from the victim, 28,650,000 won via an account in the name of the Defendant’s fatherF on March 9, 2012; and

3. 40,000,000 won by means of the account in the name of G in the name of the Defendant around 13.

3. 14. 90,000,000 won via the above G account in the name of the G, the same year

(4) around 24.24.30,000,000 won through the above G account in the name of the said G, the same year.

4. Around 25.25. Around the above G account received a total of KRW 228,650,000,000, such as the receipt of KRW 40,000 through the said G account.

On March 9, 2012, the prosecutor indicted the Defendant for the purpose that the victim remitted the amount of KRW 28,650,000,000 to the Defendant’s ancillary F’s account, not KRW 30,000,000, not KRW 230,000,000, and subsequently, according to the evidence revealed that the victim paid KRW 28,650,000 to the Defendant on March 9, 2012, and there is no other evidence to prove that the victim paid KRW 30,00,00,000, not KRW 1,350,000, which is the difference portion, the prosecutor shall not sentence the Defendant not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, or in so far as it is found that the Defendant is guilty of a crime of fraud in relation to such a crime, it shall not be sentenced separately in the disposition

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Details of remittance, cash custody certificate, etc.;

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