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(영문) 서울북부지방법원 2012.11.09 2012고단2410

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 1, 2007, the Defendant stated that “Around March 1, 2007, the Defendant may pay 4% interest per month to a foreign company, if he makes an investment to the foreign company because he is going to attend the foreign company, and the denial is doing so.”

However, in fact, the Defendant did not work in a foreign company due to the situation in which he was running a taxi, and there was no intention or ability to repay the money even if he received money from the victim because he did not intend to use it as personal living expenses or stock investment funds, even if he did not receive money from the victim.

Nevertheless, the Defendant, as seen above, made the victim make a false statement and had the victim make an investment solicitation to his family members and relatives, and received KRW 10 million from C, the husband of the victim, around March 1, 2007, from around that time to June 2, 2010, and received KRW 217,50,000 from the victim B, victim D, victim E, victim E, victim F, victim G, victim H, and victim I in total over 19 times, as shown in the separate crime list from around June 2, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. Each statement of B, I, D, E, H, F, and C;

1. Application of Acts and subordinate statutes of specification of transactions (Evidence Records 21-1);

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;