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(영문) 인천지방법원 부천지원 2016.06.17 2016고단837

사기

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall pay 121,50,000 won to the applicant for compensation.

Reasons

Punishment of the crime

On November 6, 2009, the Defendant was the victim D, who was infinite-dong, Seocheon-gu, Seocheon-gu, Seoul, and was infinite-dong. “The Defendant was going to the construction company in Gyeonggi-do, and there is a modern Switzerland that manages its own funds and a mutual savings bank capital.”

A false statement was made to the effect that, if you include money in the capital and pay more interest, you will not pay more than two interest.

However, the defendant did not attend the construction company, even if he received the money from the injured party, he thought that he would use it for the investment of stocks without paying the money, and he did not have any intention or ability to complete the payment.

The Defendant received 30 million won from the injured party to the account in the name of the Defendant on the same day.

In addition, the Defendant received a total of KRW 1120,470,000 from the victims over 39 times from February 29, 2008 to August 2, 201, as shown in the list of crimes in the attached Table.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made by C, E, F, G, H, I, and J in the police interrogation protocol (three-time, confrontation) against the accused;

1. Each police statement made with respect to K, C, I, E, F, D, J, L, M, G, and H;

1. Written complaint (including attached documents);

1. A criminal investigation report (including 113 pages, 192 pages, and accompanying documents);

1. Application of Acts and subordinate statutes to a criminal investigation report (28 pages, 141, 143);

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

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

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The grounds for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Declaration of Provisional Execution [the scope of recommending punishment] General Frauds of Type 3 (at least KRW 500 million, but less than KRW 5 billion): The basic area (two to six years): There is no person who has a special sentencing [the person who has a special sentencing] of the type as a result of the combination of identical concurrent crimes.