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(영문) 서울동부지방법원 2016.06.22 2015고단4033

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 2012, the Defendant plans to operate a screen golf course in the Chinese short-dong D hotel in Seoul Special Metropolitan City, Nowon-gu, the Defendant would give the victim C a reflect of monthly profits.

Since golf machines in an amount equivalent to 40 million won are expected to enter the short-term screen golf course and to be installed additionally in the future, it is believed that the machinery can be sold even if it is networked, and investment will be made.

“.....”

However, in fact, the defendant thought that he will use the invested money from the injured party as expenses for golf-related business to promote the personal living expenses or injury, and there was no idea to install and operate a screen golf course in the Chinese short-dong D hotel, and there was no intention or ability to make profits from the injured party due to no particular property.

As such, the Defendant, by deceiving the victim and deceiving the victim, received KRW 25 million from the victim on August 31, 2015, and KRW 14 million on September 26, 2015 from the victim to the account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Written complaint filed by C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on remittance details, a copy of a process deed, and a statement of agricultural transaction;

1. The reason for sentencing of Article 347 (1) (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning criminal facts [the scope of recommending punishment] The basic area ( June -1 year and June) of Article 347 (1) of the Criminal Act / [the decision of sentencing] / [the decision of sentencing] / The defendant is in a profoundly contradictory manner with the victim's unwritten injury, and there is no record of punishment other than the punishment imposed five times due to drinking driving or non-licensed driving, and there is no record of punishment other than the punishment imposed.

However, in light of the fact that the degree of deception is not easy and that no damage is recovered, it is inevitable to impose severe punishment, taking into account all the sentencing conditions such as the defendant's age.