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(영문) 수원지방법원 성남지원 2016.05.19 2015고단2687

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around April 2010, the defendant used other person's IP while managing the current workplace of China, and paid 400-5 million won to the injured party B in the office of the Weather Service Center in Seo-gu Incheon, Seo-gu, Incheon.

For this reason, the purchase cost of items, system maintenance, equipment purchase cost, game expansion cost, computer purchase cost, etc. are necessary.

“ ........”

However, there was no intention or ability to make profits by investing in the business even if the victim received investment funds from the victim because most of the funds received from the victim was used for personal debt repayment, etc. and there was no specific project plan.

On April 21, 2010, the Defendant, by deceiving the victim as above, received KRW 4 million from the victim to the account in the name of the Defendant’s wife C in the name of the registration fee of the Liby Account on April 21, 2010, as well as transferred KRW 61,230,000 in total over 17 times, such as the statement in the attached list of crimes.

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 the details of filing of a complaint and withdrawal and transactions;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, was paid a long-term amount of money from a person who has experienced investments, but used most of his/her daily living expenses, etc.

Therefore, the defendant shall be sentenced to punishment, and the term of punishment shall be determined in consideration of all the circumstances.