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(영문) 인천지방법원 2016.08.11 2016고단4120

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in redevelopment and maintenance business, construction business, etc. as a joint representative director of D Co., Ltd., which is located in Bupyeong-gu Incheon Metropolitan Government C management Dong 102.

On July 5, 2013, the Defendant: (a) on July 5, 2013, the Defendant: (b) “F is a child from among his/her parents; (c) was working for and telecommunications business under the control of the consul of Russia; and (d) was working for and telecommunications business; (b) the head is in an emergency and separate and distinct manner to make an investment

If an investment of KRW 250,000 is made, 700,000 won per month may be paid monthly as profit, and after one month, 130,000 won may be paid as principal, and the remainder may be paid within six months at the latest, and only at any time, shall be paid.

The phrase “ makes a false statement.”

However, even if the Defendant borrowed money from the injured party, it was thought that most of the Defendant invested in F’s private horse gambling rather than telecommunications business or used it for personal purposes. The Defendant did not have any intent or ability to timely repay the interest or principal that the Defendant promised to pay to the injured party.

The Defendant received from the injured party the sum of KRW 250,000,000 from the new bank heading branch in Bupyeong-gu, Incheon, Seocheon-gu to receive KRW 250,000,000 from the victim and acquired the money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (verification of face value of a check paid by the complainant to the defendant);

1. Application of Acts and subordinate statutes to a copy of a loan agreement for full consumption of gold;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (the amount of a punishment shall be at least KRW 100 million, the amount of which is less than KRW 500 million) and reduction area (from October to two years and six months) (the amount of special mitigation).

2. Sentence;