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(영문) 인천지방법원 부천지원 2015.03.26 2015고단196
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 25, 2014, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court for fraud, and the judgment became final and conclusive on July 3, 2014.

The defendant was the manager of the corporation B, which is a marriage consulting company, and the victim C is the manager of D, who is a business trip, a business trip.

Around August 9, 2011, the Defendant made a false statement to the effect that “The Defendant has a monopoly right to the Feminent Women’s Association at the Feminary Culture Center located in Nam-gu Incheon Metropolitan City, Seoul, the Defendant would guarantee at least 100 weddings per year if he/she paid a deposit of KRW 40 million and concludes a business partnership agreement for two years.”

However, even though the Defendant entered into a contract for the use of the FIS and the brokerage services in the church, it was not an exclusive contract for all the marriage ceremony held in the above church, and it was economically difficult to pay the above church a monthly rent of 3 million won. The remainder of the contract for the lease of the wedding hall concluded with the above church was less than 3 months, and even if it was already used as the cost of living, etc. by the victim, it was planned to use the above promise to the victim as the cost of living, etc., or there was no intention or ability to return the deposit money to the victim at the time of the expiration of the contract with the victim.

The Defendant received KRW 1 million from the victim on August 9, 201 and KRW 39 million on August 17, 201 from the victim to the national bank account (G) account in the name of the bank account in the name of the applicant for the settlement of disputes, including KRW 40 million around August 17, 201.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against the accused (including H)

1. Each police statement of H and I.

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