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(영문) 수원지방법원 2012.08.29 2012고단2325

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 4, 2009, the Defendant stated to the effect that “Esing place” in the “Esing place” of the victim D’s operation in Osan-si, the Defendant would make an investment with a high profitability, thereby guaranteeing the principal, as well as making an investment of KRW 140 million with a fixed interest rate of KRW 80,000,000,000,000,000,000 won.”

However, in fact, the Defendant did not have funds to develop the commercial site (6-4) in the said F Zone, and did not have any other investor, and did not have the intent or ability to develop the said commercial site. As such, the money received from the victim was considered to be used by the Defendant for the purpose of using the expenses necessary for the project for the development of the Saturdays-dong, Sinsi-dong, and the repayment of personal debt.

As such, the Defendant, by deceiving the victim as such, obtained 70 million won around December 4, 2009 from the victim as investment money, and acquired 60 million won around December 28 of the same year, and 5 million won in total around February 3, 2010, and acquired 135 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to accusations, investment contracts, borrowing certificates, respective receipts, and copies of cashier's checks;

1. The reason for sentencing of punishment under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act [Determination of the type of punishment] Fraudulent Crime. General Fraud [Determination of the recommended area] basic area [The scope of sentence by recommendation] [the scope of sentence by recommendation] [the general person] from one year to four years (Adjustment according to the applicable sentence by law] [the extent of sentence by recommendation]] - The factors for mitigation - the serious reflect [whether or not to suspend execution] - negative (unapplicable agreement] - Reasons for general participation: positive (unapplicable agreement) - the decision of sentence [the decision of sentence] / the defendant shall obtain a large amount of money, and the sentence shall be inevitable unless substantial measures for recovery of damage have been taken, such as agreement, until this court reaches this court.

However, the defendant is the same as the previous one.