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(영문) 대전지방법원 2013.10.11 2013고단2067

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 20 million won to each applicant for compensation.

This order shall be issued.

Reasons

Punishment of the crime

The defendant was known to the victim C from the time of birth to the victim C or a middle school motive, and the victim D is a dentist who is a senior high school of the victim C.

At around 19:00 on September 1, 2012, the Defendant, “E” at the Seosung-gu Daejeon Seo-gu Seo-gu Seo-gu Seo-gu Seo-gu, Daejeon: “The Defendant began the Convention on the Development of Many Persons of the Golf Course; 10,000,000 won for each golf course; and 70,000,000 won for each golf course; and 10,000,000 won has to be paid to the victims; d) the rest of the investment is divided into equity ratio; 3,00,000 won if well; and 5,00,000 won for each month; and d) the Defendant made a false statement to the victims that “I would immediately cut back the amount of the investment.”

In fact, even if the victims receive the investment money from the victims, there was no plan to conduct the actual business or operate it, and there was no intention or ability to return the investment money when the victims requested the return of the investment money.

The Defendant received the total sum of KRW 20 million from the victim C on September 4, 2012, and KRW 20 million from the victim D on September 5, 2012 and September 6, 2012 from the victim D to the Agricultural Cooperative (F) account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness CD;

1. Application of the Acts and subordinate statutes of a report on investigation (the result of execution of a warrant for search, inspection) and detailed statement of self-reliance deposits

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. An applicant for compensation: Articles 25 (1) and 31 (2) of the Act on Special Cases concerning Promotion, etc. of Various Lawsuits;

1. The applicant for compensation who made a declaration of provisional execution: The reason for sentencing of Article 31(3) of the Act on Special Cases Concerning Promotion, etc. of Each Lawsuit [the range of recommending punishment] fraud crime group, general fraud (the amount below KRW 100 million).