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(영문) 창원지방법원 2017.07.19 2016고단4132

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 15, 2014, the Defendant provided the victim E with a consultation to introduce the shop occupants of cosmetics in large marinas while engaging in beauty art business for at least 20 years.

It is expected to sell the new world department store in preparation for saleroom occupants in the Mag-dong Kimhae-dong and the beauty art room in this Mag-dong.

If the deposit is changed to KRW 50 million, the deposit will be refunded if it is impossible to make a sales store in a new world department store or E-art.

The phrase “ makes a false statement.”

However, from February 2016, there was no specific sales plan set up in the Do New World department stores or Earts, and even if receiving money from the injured party, it was merely intended to use the victim's beauty room for the purpose of paying the debt necessary for the operation of camping business, and there was no intention or ability to sell the victim's beauty room to new global department stores or Eart.

Nevertheless, the Defendant, as seen above, received money from the Defendant’s corporate bank account (F) in the name of deceiving the victim and deceiving the victim from the victim to the beauty room, and acquired money of KRW 20 million on December 4, 2014 and KRW 30 million on December 15, 2014 on the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Account transactions;

1. The application of Acts and subordinate statutes to the attachment of materials, such as a report on investigation, suspect's name, detailed statement of transactions, and a process deed;

1. The relevant legal provisions of the criminal facts and the grounds for sentencing of Article 347(1) of the Criminal Act for the selection of punishment [the scope of recommendation] [the scope of recommendation] of the basic area (from June to January, 6) of the type 1 (the scope of less than KRW 100 million) [the person subject to special sentencing] [the decision of sentencing] recognizes the criminal acts of this case and reflects the defendant's recognition of and against the criminal acts of this case. As seen above, the following records are recorded: the scope of recommendation, the amount of unrepared damage, the amount of punishment, the records of the defendant's punishment (before two times before and after the punishment of this case in the last three years), age, sex behavior, environment, the details, motive, means and result of the crime, and the circumstances after the crime.