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(영문) 춘천지방법원 강릉지원 2017.04.19 2017고정38

사기등

Text

Defendant shall be punished by a fine of three million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On October 6, 2014, the Defendant committed the crime of fraud, false statement to the victim C that “on the ground that the original points project fund is needed, 26.38 million won is paid in large amount, the said money will be repaid to the victim C as soon as possible.”

However, the defendant did not have any specific property or income, so there was no intention or ability to pay the above money.

On October 11, 2014, the Defendant got the victim to transfer KRW 2,638,00 to an account in the name of a stock company.

As above, the Defendant had acquired the pecuniary benefits equivalent to the above amount by deceiving the victim.

2. On September 29, 2014, the crime of embezzlement C borrowed KRW 60 million from the victim F at the E office located in Gangnam-si, Gangnam-si, and the victim, at the same location, entrusted the Defendant with the collection of claims, made a power of attorney.

The Defendant, on January 26, 2015, transferred KRW 10 million, and KRW 20 million, around May 21, 2015, to C for the purpose of investment without obtaining permission from the victim, while using the money for the purpose of investment without obtaining permission from the victim. < Amended by Act No. 13358, May 21, 2015>

As above, the Defendant embezzled the victim F’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against C;

1. Each complaint;

1. Proxys, certificates of particulars by each member trading account, each process certificate, small and medium enterprises, and slaughter projects;

1. Application of response statutes to a request for investigation cooperation;

1. Fraud of the facts constituting an offense in the relevant legal provision: Article 355 (1) of the Criminal Act: The point of embezzlement as provided in Article 347 (1) of the Criminal Act;

1. Selection of each sentence of a fine (in light of the reflectivity, the suspension of qualification or the past ten-year criminal records, the agreement with the victim and the actual damage has been recovered, the age, health conditions, etc. of the accused, etc.);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be added) for concurrent crimes.