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(영문) 의정부지방법원 2017.02.10 2016고단4037

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 2013, 2013, the Defendant: “The Victim E, who was aware of his knowledge, is engaged in money exchange business in the Philippines; the Defendant is fine; the Defendant is fine; the principal is paid; the Defendant is paid with money in the money exchange business; and the Defendant is given a profit of KRW 2 million per month; and the Defendant is engaged in money exchange business in the Philippines.

“.....”

However, at the time, the Defendant did not have any intent or ability to return the money to the victim or to guarantee the profit of KRW 2,00,000 per month, by appropriating the amount of money received from the victim due to the lack of self-financial resources necessary for the money exchange business in the Philippines.

The Defendant, as seen above, by deceiving the victim, and deceiving the victim on September 1, 2013, the sum of KRW 60 million, including KRW 54 million, and KRW 60 million, September 12, 2013, from the victim to the third bank account in the name of the Defendant, acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The second statement made by the police against the defendant (including the second statement made by the police);

1. Complaint;

1. Investigation report (case of submission of the details of deposits for damage E, the complainant), replies to a warrant of search and seizure verification, replies to a request for cooperation in investigation (in cases of credit information inquiry), investigation report (in cases of the first execution of a warrant of search and seizure), investigation report (in cases of the second execution of a warrant of search and seizure), investigation report (in cases of reporting on the results of the second execution of a warrant of search and seizure), investigation report (in cases of reporting on telephone statements, including the details of receipt

1. Application of Acts and subordinate statutes to certificates of fairness, contracts of lending and borrowing of money, specifications of deposit transactions of damaged amount, and bank reply details;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, reasons [the scope of recommendation] for sentencing of imprisonment [the scope of recommendation] and the basic area (from June to January to June) (the person who is subject to special sentencing] (the decision of sentencing] of the crime of this case. The amount of damage caused by the crime of this case is assessed.