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(영문) 수원지방법원 안산지원 2019.01.30 2018고단3212

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 13, 2011, the Defendant made a false statement to the victim E, “A bank located near Guro-gu Seoul Metropolitan Government, with good real estate investment sources, with insufficient funds for purchase, return two times investments made to B, and if there are many real estate assets in the name of Guro-gu, Seoul.”

However, even if the Defendant received money from the victim as investment money, it was thought that he would consume it for personal purposes in a race track, so there was no intention or ability to return the proceeds of investment or principal to the victim.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 28 million from the victim, from that time until February 21, 2012, and received KRW 67,40,000 in total from that time by the same method as in the list of crimes in the attached Table from February 21, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. E's statement in the suspect examination protocol of the accused against the prosecution;

1. Application of Acts and subordinate statutes on account transactions and check issuance certificates;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended sentence is above the extent of Article 62(1) of the Criminal Act (i.e., the criminal record of the same kind is not included in the criminal record of a fine of one million won in 2008, taking into account the degree of deceiving the criminal defendant,