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(영문) 대전지방법원 2015.11.26 2015고단3241

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 8, 201, the Defendant was sentenced to ten months of imprisonment for fraud at the Daejeon District Court, and two years of suspended execution, and the above judgment became final and conclusive on the 16th of the same month.

【Criminal Facts】

On February 19, 2009, the Defendant stated that, through C at the coffee shop in the modern department store located in Gangdong-gu Seoul Metropolitan Government, the Defendant stated that “E, a company engaging in game siren business, can enjoy 200% of the investment amount as profit for 100 days when investing in the above company.”

However, in fact, the Defendant did not have any specific plan to create profits for the business of the company, so even if receiving investments from the said victim, the Defendant did not have the intent or ability to pay the profits as promised to the victim.

The defendant deceivings the victim as above, and thereby, 10 million won on the same day from the victim, and the same year.

4. At around 17. Around 17.m., the Defendant’s office located in Dongjak-gu Seoul Metropolitan Government F was issued five million won, respectively;

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each complaint;

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Two times the suspended sentence of the same kind of suspended sentence under Article 62(1) of the Criminal Act, one time the suspended sentence of the same kind of punishment for the victim, as well as the methods and amount of deceiving the victim, reflectivity, and balance with the final and conclusive judgment of the judgment, and the circumstances leading to the instant crime, etc. shall be considered;