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(영문) 부산지방법원 2018.07.24 2018고단1091

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 11, 2015, the Defendant: (a) in an influent coffee near Daegu East-gu, Daegu-gu, Daegu-gu; (b) “The import and sale of scam in Ulsan-gu; (c) the Defendant imported and sold scam in the Republic of Korea; and (d) the Defendant sold the scam to the victim B.

When investing KRW 26 million, a false statement was made that each share of KRW 1 million will be paid for each year.

However, at the time, the Defendant did not engage in the business of importing and selling traps, and it was difficult to start the business due to the lack of initial business funds, and there was no particular asset or income, so there was no intention or ability to pay the profits promised to the victim normally.

Nevertheless, on June 12, 2015, the Defendant: (a) by deceiving the victim as above; (b) received transfer of KRW 5 million from the account in the name of the Defendant to the account in the name of the Defendant; and (c) received property or acquired pecuniary benefits equivalent to KRW 26.5 million in total, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on verification and transaction statement;

1. The relevant legal provisions as to the crime and the reasons for sentencing of Article 347(1) of the Criminal Act (Selection of Imprisonment) [the scope of recommending punishment] The basic area (from June to January, 196) [the decision of sentencing] [the decision of sentence] was not recovered from a considerable portion of damage (the Defendant stated that the amount repaid to the victim as of the date of the pronouncement of this case is KRW 3 million]. The following factors are taken into account: the motive and background of the crime of this case; the Defendant’s criminal records; the Defendant’s criminal records; and the fact that the Defendant’s mistake is against the Defendant’s fault.