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(영문) 인천지방법원 2019.07.25 2019고단3477

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around September 2017, the Defendant, through a wife B, referred to as “A” to “A victim D, a middle school town in Bupyeong-gu, Incheon in Bupyeong-gu, Incheon, is in office in the management office of the In-si, a company is in charge of giving rewards to its continuous employees, and a company is in charge of golding money at the market price, and a company is supplied with gold and retail price at the market, and a company is supplied with gold and a company receives retail price from the company. If the money to purchase the gold is short of money, the Defendant would give three additional interest and return the principal to a few months.”

However, in fact, the defendant was not in charge of giving rewards to the continuous employees in the Dispute Resolution E at the time, and the defendant was expected to sell the funds received from the victim at a price of less than 3% and to use them for the repayment of the personal debt with profits, even if he purchased them at a price of less than 3%, and he did not have any intent or ability to pay the funds even if he borrowed funds from the victim without any particular property at the time.

As such, the Defendant, by deceiving the victim as such, received the total of KRW 20 million from the victim to the national bank account in B (Account Number: F) on November 9, 2017, KRW 16,000,000 on April 16, 2018, KRW 600,000 on April 17, 2018, KRW 13 million on May 21, 2018, KRW 300,000 on June 8, 2018, KRW 710,000 on July 10, 2018, KRW 10,000 on July 10, 2017, KRW 350,000 on July 6, 2017, KRW 100,000 on August 16, 2018, KRW 108,500,000 on May 19, 2018.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of the victim;

1. A credit investigation report (suspect A);

1. A report on investigation (309 pages);

1. Application of Acts and subordinate statutes concerning investigation reports (suspect B and A rehabilitation cases);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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