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(영문) 전주지방법원 정읍지원 2014.10.07 2014고단264

사기

Text

A defendant shall be punished by imprisonment for one year.

However, 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

At around 13:00 on August 25, 2009, the Defendant made a false statement to the effect that “A victim C plans to make foreign exchange investments, he/she has paid profits, and he/she has repaid money with profits.”

However, in fact, the Defendant did not have any asset at the time, while there was no asset, and there was no asset from foreign exchange investment experience, and there was no other preparation than purchasing relevant books for foreign exchange investment. Therefore, there was no intention or ability to make foreign exchange investments even if the Defendant received money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the agricultural bank account under the name of the Defendant on the same day as the loan money, and received KRW 20 million from around that time to May 13, 2013, and acquired money by transfer from the victim eight times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of each protocol of police statement;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (including the first offender, etc.);

1. Social service order under Article 62-2 of the Criminal Act;