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(영문) 수원지방법원 여주지원 2016.08.31 2016고단500

사기

Text

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

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to seven years of imprisonment for fraud at the District Court of the Jung-gu on August 24, 2012, and is currently serving in prison at the present female prison.

[Criminal facts] The Defendant committed a crime on March 2015, 2015 against the victim B, who was confined to the same room with the Defendant in the net prison located in 790, a written white-ro in the early 2015, with the Defendant.

현재 C 이란 회사에 투자해 놨는데 한 달 후에 투자금의 4 배에 해당하는 수익을 올릴 수 있다.

It is possible to make investments in other persons, so that 100 million won can be remitted to the domestic account, 400 million won will be refunded.

The phrase “ makes a false statement.”

However, in fact, even if the Defendant received KRW 100 million from the injured party, all of them did not think of the intent to invest in the shares, and even if purchasing the shares of the said Company C, it was known that the share price of the said Company would not rise rapidly, so there was no intention or ability to return the profits of KRW 400 million to the victim

Nevertheless, on March 23, 2015, the Defendant received KRW 100 million from the injured party to the Hyundai Securities Account (Account Number D) in the name of the Defendant and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A by the police;

1. A criminal investigation report (the confirmation of an account number used for committing a crime);

1. Application of the Acts and subordinate statutes to the complaint;

1. The reason for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act in relation to the relevant criminal facts and Article 347(1) of the Criminal Act (the choice of imprisonment) [the scope of recommending punishment] of the type 2 (at least KRW 100 million, but less than KRW 500 million) in the area of special mitigation [the victim] [the victim] has considerable responsibility for the occurrence of a crime or the expansion of damage, where the victim is also responsible for the occurrence of a crime or the expansion of damage, or where the non-guilty or considerable damage was restored [the decision of sentencing] in the event the defendant is under the custody of the same kind of crime in five months of imprisonment (the decision of sentencing], and even if the defendant was under the custody of the same kind of crime,