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(영문) 서울동부지방법원 2015.12.17 2015고단3234
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around October 2010, the Defendant made a false statement to the victim D in the Seoul Songpa-gu Seoul apartment, stating that “The Defendant would make a big profit if he/she invests in the money to an organization called the Nationwide Reading Group. If he/she lends money to the said organization, he/she would make an investment in the money and distribute the profit and guarantee the principal.”

However, in fact, the Korean Reading Group, an incorporated association, is a non-profit organization that conducts research and training activities for reading education, and is irrelevant to the business of collecting investment money from an individual and creating profits. Since the defendant thought that he/she will receive money from the victim to use it as personal living expenses, there was no intention or ability to distribute profits by investing in the above organization.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim on October 20, 2010, from the victim, and thereafter received KRW 1.2 million in total, from that time, from January 14, 2014, as shown in the list of crimes in attached Form 20,000,000,000 from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the protocol of interrogation of the police against the accused (third time);

1. The police statement of the DNA;

1. A criminal investigation report, telephone conversations at a nationwide reading group, investigation report (the investigation into the location of the Credit Guarantee Fund that the defendant has consulted on), investigation report (the analysis of the account of the defendant) at the Credit Guarantee Fund, investigation report (report on attachment of credit information data);

1. The loan certificate and the copy of the certificate of performance of obligations, and the copy of the authentic deed (number 4), 5;

1. Copy of a bankbook and details of account transfer by Defendant;

1. Application of the Acts and subordinate statutes to Kakakao and text messages;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The basic area (six months to one year) (one year and six months) of the sentencing criteria (the scope of recommendations) for general fraud; and

2. Sentence;

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