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(영문) 수원지방법원 2017.12.19 2017고단4076

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From December 10, 2014 to February 28, 2017, the Defendant was an employee from “D golf practice hall” located in Suwon-gu Suwon-si, Suwon-si from December 10 to February 28, 2017.

On February 25, 2016, the Defendant received from the victim E a total of KRW 106,385,000 from the victim by the same method until March 27, 2017, including the receipt of KRW 1,80,000 from the victim to the company bank account in the name of the Defendant on the same day, by stating that “after the Defendant purchased golf Dr and Earys with wholesale, the Defendant will sell them to the Plaintiff to retail and pay a large amount of profits.”

However, the defendant did not sell the above golf products and did not have any intent or ability to pay the profits to the victims because he did not have any intent or ability to pay the profits to the victims, even if he received money from the victims under the pretext of investment, even if he did not receive the money from the victims.

As such, the Defendant, by deceiving the victim and receiving KRW 106,385,00 from the victim, had the victim receive KRW 106,385,00, and by deceiving four victims, such as the statement in the list of crimes in the attached Table, and was given a total of KRW 306,905,00 on 58 occasions from the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to F, E, G, and H;

1. A statement prepared by H;

1. Investigation report (the result of execution of a warrant of search and inspection of search and the specification of damage amount);

1. Certificates of deposit transaction records, receipt for deposits, replys to the details of each financial transaction, specifications of transactions by each account, details of deposits in and out of accounts, and details of deposits and withdrawal;

1. Details of each letter;

1. Application of the process deed, loan certificate statute;

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

1. Grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes