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(영문) 창원지방법원 마산지원 2017.05.11 2016고단416

사기

Text

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

The defendant pays 22,00,000 won to the applicant by deceitation.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant: (a) around the DD entertainment room located in Changwon-si, Changwon-si, Changwon-si; (b) “The Defendant was scheduled to operate one entertainment room in which the Defendant received one, and was permitted by the government as the entertainment room in this D; and (c) paid 50% of the profits if the Defendant made an investment.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have any intention or ability to operate a entertainment room due to the defendant's personal repayment or living expenses, etc. because all of the money that the defendant received from the injured party as investment money.

The Defendant, on February 6, 2014, received KRW 3 million from the injured party to the account (F) of the Nonghyup Bank in the name of E on February 6, 2014, and acquired KRW 22 million through nine times, such as the list of crimes in the attached Table.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for B and E;

1. Application of Acts and subordinate statutes on transaction details, and details of entry and departure transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 25(1)1, Article 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation and Sentence of Provisional Execution;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to one year and six months [the scope of the recommended punishment]; the basic area (up to six months to one year and six months) (up to six months) of the basic area (up to one year and six months); and

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Unfavorable circumstances: The victim did not pay damages.

There is a history of punishment for the same crime.

A favorable normal situation: A person has no record of being sentenced to imprisonment or heavier punishment for the same kind of crime.