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(영문) 서울중앙지방법원 2012.11.14 2012고단3878

사기

Text

1. The defendant shall be punished by imprisonment for four years;

2. The Defendant: (a) KRW 37,500,000 to D who applied for compensation; and (b) March 2012 to D.

Reasons

Punishment of the crime

At around 14:00 on May 18, 201, the Defendant stated that “The Victim F will pay the Victim F a profit of 5-10% every month if he/she has invested money because he/she has left a large profit from selling it.”

However, the defendant did not have the intention or ability to pay the profit to the victim by selling the dumped goods.

Around the 19th day of the same month, the Defendant: (a) by deceiving the victim as such; (b) received KRW 25 million from the victim as investment money from the victim; (c) and (d) received KRW 17330,43 million from the victim in total over 188 times, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on F, H, I, J, K, L, M, N,O, P, Q, M, D, T, U, V, W, X, andY;

1. Each investigation report (Z, AA, AB, AC, AD, AE, AF, AG telephone statement);

1. Application of each specification of transactions Acts and subordinate statutes;

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

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

1. When applying the sentencing guidelines for sentencing reasons under Articles 25(1), 31(1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Declaration of Provisional Execution, the amount of damage from general fraud crimes is between 50 million and 5 billion won, which falls under the category of 3.

Among the special siblings, "a case where multiple victims (victims 28) have committed a crime repeatedly over a considerable period of time" as an aggravated factor, and since the defendant was "self-denunciation" as a mitigated factor among the special siblings, the punishment should be determined in the basic sphere (three to six years) by offsetting one another.

Circumstances favorable to the defendant are only reasons why the defendant voluntarily surrenders.

On the other hand, the circumstances unfavorable to the defendant are the methods revealed in the criminal facts themselves.