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(영문) 제주지방법원 2020.02.05 2019고단2061

사기

Text

A defendant shall be punished by imprisonment for three years.

The defendant is an applicant for compensation, who is an applicant for compensation, with the amount of KRW 30 million.

Reasons

Punishment of the crime

Around May 2018, the Defendant made a false statement to the effect that “The Defendant would give profits if he/she invests in the business because he/she was awarded a contract for a landscaping project operated by the Do when entering the second airport in Sungsan, when he/she entered the Do.”

However, at the time, there was no plan for the Defendant to carry on a business without any particular property, and while operating convenience stores without any specific property, the Defendant was obligated to pay the drinking value equivalent to KRW 7 million on the main point of the failure to pay for entertainment, and thus, even if the Defendant received the said money from the victim for the purpose of investment, it was thought to use it as entertainment expenses or cost of living.

Around May 21, 2018, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the F account (G) in the name of the Defendant’s name as investment, and received KRW 20 million from April 21, 2017 to December 4, 2018, as stated in the list of crimes in the attached Table, as stated above, the Defendant received KRW 249 million in total from six victims under the name of investment or loan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, H, C, D, E, and I;

1. Application of each complaint, each public receipt, each electronic financial transfer result certificate, each detailed statement of deposit transactions, and the detailed statement of financial transactions to Acts and subordinate statutes;

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

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

1. C, D, E which is an application for compensation and a sentence of provisional execution: Articles 25 (1), 31 (1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings;

1. B, which is a rejection of an application for compensation order: The reason for sentencing under Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (the scope of liability for damages is not clear because the amount stated in the indictment is different from the claimed amount).