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(영문) 대구지방법원 포항지원 2016.01.21 2015고단1166

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2012, 2012, the Defendant, at the office operated by the Victim C in the Northern-gu, Posnishing Party B, “The Defendant is running the business of a medium and high LED panel, purchased a medium and high LED panel, made a new product with a cover of the case, and exported it to China, Singapore, etc. abroad.

Since 30% of profits is considerable to the remaining 30% of profits, when investing money, the principal will be returned and 5% of the principal will be paid as profit.

If other earnings are greater, the profit will be added.

“.........”

However, the Defendant was in a situation where it was difficult for the Defendant to pay the principal and profit to the victim because it was not well-grounded on the computers at the time, and even if the Defendant was liable for the debt of KRW 5 million with personal credit loans and KRW 15 million with private loan loans, he did not have the intent or ability to pay it to the victim.

However, on August 2, 2012, the Defendant: (a) by deceiving the victim as above; (b) received KRW 15,000,000 from the victim to the Daegu Bank account in the name of E; and (c) received the remittance of KRW 15,00,000 from the victim; and (d) received the remittance of KRW 158,00,000 in total over seven occasions from October 17, 2012, as described in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. The complainant's statement of the transaction of passbook in Daegu Bank, the statement of FF entry and withdrawal transaction, customer basic information letter and the statement of entry and withdrawal transaction, and inquiry (E) related to the provision of financial transaction information;

1. Photographs transmitted by the person under consideration to the complainant;

1. Application of Acts and subordinate statutes to a report on investigation (related to statements by a witness H telephone);

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, collectively, with prison labor, under Article 347 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the protection and observation and the reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommendation] under the general fraud category 2 (at least KRW 100 million, less than KRW 500 million), the mitigation area (at least 10 million, up to 2 years and 6 months) (the person who has been specially mitigated).