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(영문) 수원지방법원 2019.09.05 2019고단2674

사기

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

around 2001, the defendant visited the beauty room located in the beauty-type C commercial building operated by the victim B as a customer and became aware of it with the victim.

On April 13, 2007, the Defendant showed 1kg of gold leader to the victim at an influent area located below the Mag, the Defendant, stating that “The Defendant would purchase the money at KRW 50,000 per share with a little amount of money from the face of a week to the face of a week.”

However, in fact, the defendant did not have the intent or ability to buy gold to the victim, and since the amount borrowed from the money was 1.2 billion won, the defendant was planned to use the money as debt repayment and cost of living even if he received money from the victim.

The Defendant, as above, by deceiving the victim as above, received a total of KRW 432,662,00 from around that time to December 30, 2009 as shown in the crime sight table, from around December 30, 209, as the purchase price of gold bullion, the Defendant received a total of KRW 532,662,00 from around

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. The police statement concerning B;

1. A complaint;

1. - Two copies of cash custody certificate, passbook copy - Application of Acts and subordinate statutes of account transaction details.

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.

3. The crime of this case in which a sentence of sentence was rendered is that a person who actively induces a victim who was known to the defendant and acquired money over several times for a period exceeding two years from the victim.

The amount of damage is at least KRW 400 million, and at least 10 years have passed since the date of the crime, most of the damage suffered by the victim was recovered.

or the defendant.