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(영문) 인천지방법원 2013.08.08 2012고단8750
사기
Text

Defendants shall be punished by imprisonment for eight months.

The defendants are 45,00,000 won by fraud to each applicant for compensation.

Reasons

Punishment of the crime

Defendant

On February 3, 2012, A was sentenced to a suspended sentence of imprisonment of 8 months in the Incheon District Court for fraud, and the judgment was finalized on February 11, 2012.

The Defendants conspired, around February 2010, at a restaurant in which it is impossible to know the trade name in the operation of the Orcheon-si, Oracheon-si, the Defendant stated, “The Defendants attempted to engage in rental business by purchasing the Do rental business at a container in which the Do, and by purchasing the Do, in a container up with the Do, and to obtain monthly rent and rent, etc. by purchasing the Do, from an auction. The Defendants may receive money for the said business. Our investors are intending to invest in the Doe-si business and the lease on a deposit basis.”

However, even if the Defendants received money from the victims, they did not have the intent or ability to invest in the lives and chonsegwon business.

On March 4, 2010, the Defendants deceiving the victim as such, and received 45 million won from the victim to the new bank account (P) with the name of the Defendant under the name of the Defendant for business investment.

As a result, the Defendants conspired to obtain 45 million won from the victim.

Summary of Evidence

1. Statement made by the prosecution against theO;

1. Each police suspect interrogation protocol against the Defendants (including the questioning part)

1. A specification of transactions;

1. Previous convictions: Residents and criminal records, investigation reports (Attachment to a suspect A's separate judgment), and application of Acts and subordinate statutes as a result of investigation (Confirmation of the date of final judgment);

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. The Defendants committed the instant crime with planned access to the victim by sentencing reasons under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Compensation Orders and Sentence of Provisional Execution, and the Defendants’ age, character and conduct, family relationship, criminal background, and result.

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