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(영문) 수원지방법원 안양지원 2014.10.08 2014고단301
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who has operated an auction consulting company with the trade name "E" in the Young-gu D Building 403 at Suwon-gu, Suwon-si.

The Defendant, around June 201, received from the victim G management “H,” the Victim G management “W,” the Defendant, “When investing money, it would make re-investment in various real estate auction and receive a successful bid at a low price or would receive a successful bid at a low price” from the victim who believed that he/she would be paid KRW 20 million on or around December 7, 201 of the same year, KRW 20 million on or around the 9th of the same month, KRW 50 million on or around the 27th of the same month, and KRW 50 million on or around the 28th of the same month.

However, even if the defendant received the above investment money from the victim, he did not think of re-investment in a high risk of stocks, but did not intend or have ability to receive a successful bid of real estate at a high price by re-investment in real estate auction.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 140 million from the victim.

Summary of Evidence

1. Legal statement of witness G;

1. The part concerning G statement of the police interrogation protocol against the defendant

1. The statement of G police officer;

1. The defendant asserts that the investigation report (a statement of transactions of entering and leaving a suspect) (a statement of transactions of entering and leaving a witness) (a statement of transactions of 50 million won which was received on December 27, 201 and KRW 50 million which was received on December 28, 2011 and received on December 28, 2011 shall be delivered to the victim with the notification that "I and J would make profits by investing in stocks," and thus it shall not be acquired through deception. However, the victim consistently states that he/she received money by winning the contract of real estate (a statement of investigation records, 22 pages, 23, and witness G's legal statement that the victim attended the court as a witness and stated that "the victim was 140 million won because he/she would be awarded the successful bid of real estate located in the mountain," but the victim could make a profit if he/she invests in the land located in the river or Daejeon, giving 40 million won to the victim and Japan.

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