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(영문) 의정부지방법원 2020.11.11 2020고단3141

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

around 15:00 on February 14, 2019, the Defendant stated that “A project to create “F” as virtual currency in Guro-gu Seoul Metropolitan Government Section C, “E” with the victim D as the head of the headquarters, is scheduled to open a F website and app around March 25, 2019, and an amount of 130% of the amount paid upon prior subscription will be paid as cash exchangeable.”

However, in fact, the defendant, without any particular property, thought that he would receive money from the victim and use it for the repayment of debt and living expenses, and did not have an intention or ability to pay the cash exchange that is made available to the victim.

The Defendant, as such, by deceiving the victim, received KRW 6.8 million from the victim on March 2, 2019 to the post office account under the name of the Defendant on March 3, 2019, KRW 10.6 million to the said account on March 3, 2019, KRW 12.6 million to the said account on March 4, 2019, KRW 200,000 to the said account on March 5, 2019, and KRW 200,000 to the said account on March 11, 2019.

Accordingly, the defendant deceivings the victim and received a total of 30,440,000 won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the police officer concerning D concerning the background leading up to the preparation of the defendant;

1. Application of the details of conversation, details of transactions, and response details Acts and subordinate statutes;

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

1. Circumstances unfavorable to the reasoning of sentencing under Article 62(1) of the Criminal Act: The defendant, even if he/she received money from the victim, was willing to use it for debt repayment, etc., by deceiving the victim.

The defendant's failure to respond properly to the investigation by the investigative agency, etc. was urgent to attract time.

O favorable circumstances: there is no criminal power against the defendant.

The victim does not want to be punished against the defendant.

O Such unfavorable circumstances, advantages, etc.