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(영문) 인천지방법원 부천지원 2019.09.20 2019고단2121

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 93,900,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On January 27, 2016, the Defendant made an investment in the form of a business partnership in the business of importing and selling miscellaneous goods from the store of “G” located in Bupyeong-si, in the store of “I,” from the store of “G,” from the store of “G,” and made a false statement to the effect that widths are able to make an investment.”

However, the defendant did not have invested in the company G in the form of a business, and even if he received money from the victim under the pretext of investment, he did not have any intent or ability to pay the principal and profits to the victim for personal purposes, such as repayment of debts.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Defendant’s husband’s account under the name of her husband on the same day as the investment money, from that date, and received KRW 114 million in total from April 19, 2018, as shown in the attached list of crimes, from that time until April 19, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning R;

1. Application of notarial deeds, specifications of transactions by account, and copies of passbooks Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Articles 25 (1) and 31 (1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years;

2. Determination of sentence: A year of imprisonment with prison labor, the Defendant committed the instant crime even though he/she had been punished for the same kind of crime, and the total amount of defraudation exceeds KRW 100,000,000, and the Defendant was under the situation where he/she was liable for obligations to many debtors at the time, and was also under the situation where he/she returned.