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(영문) 서울서부지방법원 2014.07.09 2013고단2290

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

On May 21, 2012, at a coffee shop located in Gwanak-gu, Seoul Special Metropolitan City on May 21, 2012, there is a building in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, where the 10 billion won appraisal is at least 10 billion won. The Defendants purchased this building may gain profits if they were sold. On the investment of 20 million won, the Defendants expressed that they would share 1/3 of the profits after a month.

However, at the time, the Defendants did not have the fund to purchase the above commercial building, and did not have been engaged in negotiations with the seller for the purchase, and there was no specific plan for the purchase of the building. Therefore, even if the victims received the money under the pretext of investment, they did not have the ability to make profits from the investment according to the promise.

Accordingly, the Defendants conspiredd with the victim and obtained 20,000 won from the victim’s account through the Defendant A’s account, thereby deceiving the victim.

Summary of Evidence

1. Legal statement of the witness H;

1. The statement made by witnesses G and I in the third protocol of trial;

1. A protocol concerning the examination of suspect against J or Defendant B by the prosecution;

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Statement of suspect interrogation against the Defendants

1. A protocol concerning the examination of suspect to J;

1. Protocol of the police statement concerning G;

1. A complaint;

1. Application of Acts and subordinate statutes on investment agreement;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence on the sentencing guidelines (the scope of the recommended sentence) [the defendants] general fraud (the amount of less than KRW 100 million) and no basic area (six months to one year and six months) (the period of suspension of execution of sentence] [the period of suspension of execution of sentence] - Where the scale of substantial damage is considerably small;

2. The denial of the Defendants to commit the instant crime, failure to recover the victim’s damage, failure to agree with the victim, absence of the same criminal power to the Defendants, the amount of fraud, and the degree of the Defendants’ participation in and profit from the instant crime;