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(영문) 인천지방법원 2015.11.11 2015고단4383

사기

Text

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

Reasons

Punishment of the crime

피고인은 2013. 2. 26.경 성남시 중원구 모란시장 인근에서, 피해자 C에게, “내가 2013. 7. 26.부터 2013. 7. 29.까지 미얀마 양곤에서 한인회 주최로 열리는 한국상품전의 영창 피아노 판권을 땄다, 그래서 영창 피아노에 발주를 넣으려고 하니 7,500만 원을 투자해 달라, 한국상품전 행사만 끝나면 투자금은 바로 회수할 수 있도록 해주겠다, 행사 끝나기 전이라도 돈이 필요하면 내 아파트 매도 잔금을 2013. 5. 25.에 받으니 그때 돌려줄 수도 있다”라는 취지로 거짓말을 하였다.

However, in fact, the defendant did not have a right to purchase a labor union in the territory of the Republic of Korea, which is held by the Republic of Korea in the difficulties in the development of Myanmar, and he did not have any intention or ability to return the investment funds of the victim, received money from the victim.

Nevertheless, the Defendant, by deceiving the victim, received 45 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day, and continued to receive 45 million won from the victim.

3.11.Mymar, having received a total of KRW 78 million, remitted as Myanmar.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Type 1 (less than KRW 100,00) (less than KRW 100,00) of general fraud (the scope of recommending punishment) shall apply to the sentencing criteria (the determination of types). From June to June; and

2. Determination of sentence: Determination of sentence is inevitable on the grounds that there is the same kind of power as eight months of imprisonment and that most damage was not recovered even though the amount of fraud is reasonable.

However, the fact that the defendant is against the crime of this case, that the defendant supports his/her father alone as a recipient of basic living, and all other conditions of sentencing, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc.