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(영문) 대전지방법원 서산지원 2015.02.13 2014고단949

사기

Text

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

Reasons

Punishment of the crime

[Criminal Justice] On April 25, 2013, the Defendant was sentenced to imprisonment with prison labor and two years and six months for fraud in the Daejeon District Court’s Incheon District Court’s Branch on May 3, 2013, and the said judgment became final and conclusive on May 3, 2013.

【Criminal Facts】

On December 5, 2012, the defendant made a false statement to the victim at the office of the victim D(48 years of age) of the 4th floor in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City. "Around December 5, 2012, the defendant started the business of installing a digital vehicle operation recording system attached to all trucks in the future in the Dispute Settlement Bank F, which is operated by the wife E, and there is no need to know about the amount of principal and interest 10% after one year, and 100 million won which is included in G as a deposit."

However, in fact, the Defendant used KRW 100,000 as operating funds of the insurance agency (State) that had been operated separately at the time when it was invested by the victim, or planned to pay to the investors in the State (State) as profit-making. Since the management of the State was not smooth, the Defendant did not have any intent or ability to pay the funds within the given time limit, even if it was given money from

The defendant received KRW 100 million from the victim to the corporate bank account (I) in the name of the defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. A report on investigation (a report on the confirmation of the user of DNA investment funds who has filed a complaint);

1. Notarial deed of a monetary loan for consumption or an agreed investment contract;

1. The financial statements of the LAF;

1. Previous records: Criminal history records, investigation reports (reports, such as attachment to A written judgments of a suspect), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

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

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes are as follows: (a) after deceiving a victim by deceiving him/her with high profits, the above money was used as operating funds of H which he/she operated separately.