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(영문) 서울북부지방법원 2013.03.28 2012고단3194

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 5,3450,000 won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

The Defendant did not own property, and received money from the neighbors for the purpose of receiving money in the name of investment money and borrowed money, etc. that he came to know while working as an insurance solicitor before he was put into economic difficulties, with the amount equivalent to KRW 40,000,000.

On March 2, 2011, the Defendant stated that “The Defendant may receive dividends up to 50,000 won by the end of March, 201, because he/she could receive dividends up to 2 times the investment principal at the time of the auction of real estate, if he/she invests in the E corporate office located in Dong Government-si D.”

However, even if the Defendant received money from the victim under the above pretext, he was thought to use the money as the Defendant’s repayment of the borrowed money and the cost of living, he made a false statement to the victim as if he would invest in the auction of real estate through the Defendant’s words.

As such, the defendant deceivings the victim to commit the same year.

3. From July 201 to May 21, 2012, a person, including the remittance of KRW 3 million as real estate auction proceeds, received a total of KRW 5,345 million through 14 times, from that time, from that time to that time, as shown in the List of Offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Reasons for sentencing under Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. 양형기준 유형 구분 감경 기본 가중 1 1억원 미만 - 1년 6월 - 1년6월 1년 - 2년6월 [일반사기] [특별양형인자] 해당 사항 없음 ⇒ 권고형량: 6월 - 1년6월 (기본영역) [일반양형인자] 감경요소(처벌전력 없음, 생계비 소비) [집행유예] 부정적 사유(미합의) 긍정적 사유(형사처벌 전력 없음, 생계비 소비) 2....