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(영문) 울산지방법원 2014.09.04 2014고단2112

사기

Text

A defendant shall be punished by imprisonment for one year.

However, 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 August 201, the Defendant: (a) knew that the Plaintiff was taking a car with the victim D, who was aware of the fact that the Plaintiff had sold the house, the sole property of the victim, and that there was an earning rate of 20% per annum if the Plaintiff made an investment; and (b) provided that “The Defendant would make an annual return of 10,000 won if the Defendant invested KRW 10,000,000,000,000,000 won per month.”

However, even if the defendant received money from the victim as a means of investment, he did not intend to invest all the money, and even if part of the money is invested in stocks or derivatives, he did not have the intent or ability to guarantee the agreed return on investment.

The Defendant, as such, deceiving the victim and deceiving him/her from March 14, 2012 to the same year.

5. From 12. up to 12., the sum of KRW 180 million was issued through the bank account (Account Number: E) in the name of the defendant in the total of six times, such as the statement in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the protocol of interrogation of the accused by the prosecutor;

1. A complaint;

1. Certificate of withdrawal, certificate of remittance, statement of savings deposit transactions, certificate of deposit without passbook, certificate of deposit without passbook, certificate of deposit transaction performance, and certificate of results of electronic financial transfer;

1. Application of Acts and subordinate statutes to the ledger of accounts;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the punishment of imprisonment with prison labor;

1. Article 62(1) of the Criminal Act (see, e.g., Statement of Reasons for sentencing)

1. The reason for sentencing [the scope of recommending punishment] mitigated area (10 to 2 months) (special mitigation] [the decision of sentencing] mitigated area (10 to 2 months] [the decision of sentencing] under Article 62-2 (see the reasons for sentencing below] of the Social Service Order Criminal Act (see the judgment of sentencing), the Defendant, by deceiving the victim, obtained KRW 180,000,000 from the victim, and the nature of the crime and the circumstances of the crime are

However, the defendant recognizes all of the crimes of this case.