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(영문) 대전지방법원 2018.11.02 2018고정753

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 15, 2016, the Defendant was sentenced to a suspended sentence of 8 months for criminal fraud at the Daejeon District Court, and the said judgment became final and conclusive on December 30, 2016.

On September 25, 2014, the Defendant: (a) around 14:00 on September 25, 2014, at the C coffee shop located in the first floor of the Seo-gu Daejeon Daejeon Daejeon, the Defendant is a company that recruits the victims D and E to advertise, such as sports clubs, restaurants, and clothes stores in the area of Daejeon, and that makes them available for profits by distributing them to many people at a large place.

If Daejeon makes an investment of 5 million won per region by dividing it into 12 regions, the management allowance shall be paid in KRW 1 million per month, and if the return of the investment money is requested, the principal shall be returned immediately after the month.

“.....”

However, even if the defendant received the investment money from the victims, he did not have the intention or ability to actually conduct the business or return the money.

The Defendant received KRW 5 million from the victim E to the H account in the name of G (number I) in which the Defendant was aware of the same day from the victim E, and received KRW 4 million from the victim D to the H account in the above G name on the same day, and affixed the following seals:

9. On June 26, 200, a total of KRW 15 million was remitted and acquired by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written complaint of E and D;

1. Each contract, letter of payment, statement of account transaction in J bank in the name of D, statement of account transaction in H L L account in the name of E, and statement of account transaction in H I account in the name of G;

1. Previous convictions: Court rulings and application of Acts and subordinate statutes concerning search of cases;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;