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(영문) 수원지방법원 안산지원 2017.08.11 2017고단1467

사기

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

On June 20, 2016, the Defendant, at the office of “E,” which is a distributor of the victim D’s operation of Geumcheon-gu Seoul Metropolitan Government C Commercial Building 2, 308, the Defendant concluded that “The Defendant would borrow KRW 150 million from the business fund through the corporate bond office operated by each type, if the Defendant first pays the deposit for the business fund to the victim.”

However, at the time of fact, the defendant did not operate the bond-backed business, and the money paid by the injured party was thought that the defendant would use the money borrowed from another person or the money received from another person for the payment of interest, principal, living expenses, etc., and thus there was no intention or ability to lend business funds even if he received money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim, as a security deposit, around June 30, 2016, from the victim, and obtained KRW 277,50,000 from six victims who were well aware from February 21, 2012 to February 20, 2017, including the fact that he/she received KRW 10,00,000 from the victim to the victim, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes to attached data (written details of account transactions and power of attorney);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] In the case where the crime was committed against, or repeatedly for a considerable period against, a large number of unspecified victims (two years to six years), or a large number of unspecified victims (two years to six years) in the aggravated area (two years to six years), the aggravated area (the special aggravated person] of Article 37 of the Criminal Act, Article 38(1)2 of the said Act, and Article 50 of the said Act, and Article 50 of the said Act [the scope of recommending punishment], the Defendant, as stated in its reasoning, by deceiving against the victims who have a long-standing relationship with the same four neighbors, by deceiving them about

(e).