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(영문) 창원지방법원 2020.06.17 2019고단3758

사기

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is the victim B and the two-way husband, and C was the husband of the defendant and was a member of D Co., Ltd from June 13, 201 to June 15, 2016.

On June 15, 2015, the Defendant made a false statement to the victim by telephone from the Kimpo-si, Kimpo-si, Kimpo-si, stating that “The Defendant may ask the victim to cover KRW 110,000 per share of the D Spo-si, but may also leave the Dpo-si more than the existing city tax.”

However, even if the defendant received money from the victim for the purchase of shares of the employee, he/she was thought to use it for the repayment of the existing debt, and he/she did not intend to transfer the F shares in C or to purchase new F shares.

On June 17, 2015, the Defendant, by deceiving the victim as such, received KRW 110 million from the victim to the G bank account in the name of the Defendant for the purchase price of stocks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A stock transfer contract, a certificate of transfer confirmation, photographs, text message, and notarial deed;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a large amount of fraud and the total amount of damage was not paid.

However, in addition to the fact that the defendant has no criminal records, the defendant paid additional KRW 30 million to the victim after the closing of the argument in this case, and the victim expressed his intention that he does not want to be punished against the defendant. In addition, the punishment is determined as ordered by taking account of various sentencing conditions in Article 51 of the Criminal Act, such as the relationship between the defendant and the victim, the age, character and conduct of the defendant, and the environment, which are recorded in the records of this case, and the amount which has not yet been paid exceeds KRW 60 million.