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(영문) 춘천지방법원 강릉지원 2015.12.29 2015고단1074

사기

Text

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

Reasons

Punishment of the crime

On September 2012, the Defendant made a false statement to the victim D through Defendant C through Defendant C, stating, “The degree of 2 billion shares is mined, and the shares are currently invested to four to five investors, and, if the shares are lost, the share amount may be Mad and if it is for three months, the profit-making day may be allowed.”

However, even if the defendant received money from the victim as a fund for investment in stocks, it was thought that it will be used as one's own personal stock investment, and even if profits from stock investment accrue, it was thought that he would pay his living expenses, loans, etc., and there was no intention or ability to distribute the profits from stock investment to the victim.

As such, the Defendant, by deceiving the victim, wired the victim to the national bank account (E) in the name of the Defendant, KRW 10 million on September 24, 2012, KRW 50 million on November 26, 201, KRW 77.6 million on February 4, 2013, and KRW 77.6 million on February 4, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. Each prosecutor's protocol of examination of the accused (including D and C's statement);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of details of transactions in Korean currency investment securities in the name of a suspect), investigation reports (Abstract of details of transactions in the account of national bank of a suspect), investigation reports (amount of consumption after remitting from Korean currency investment securities in the name of a suspect to the account of

1. The scope of the recommended sentence according to the sentencing guidelines that the person does not even endeavor to recover damage without any reflect on the crime that has no criminal record exceeding the grounds for sentencing the sentence of imprisonment with prison labor, Article 347(1) of the Criminal Act regarding the relevant criminal facts, the selection of the punishment, and the punishment shall be determined within the scope of the recommended sentence (two months of imprisonment - one year and six months: Fraud, general fraud, type 1, basic area);