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(영문) 전주지방법원 정읍지원 2018.07.10 2018고단96
사기
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2009, the Defendant had been working as a member of the fishing club called “C” and had been able to invest in stocks based on his experience in a securities company. The Defendant recommended the victims D to make an investment in stocks several times at the said fishing club.

Defendant 1 does not make an investment in shares

In this regard, there is no money in order to make a stock investment in the victim from F located in the Northwest E before the early police officer on April 201, 201.

If shares are well-grounded, the principal shall be paid with interest thereon.

F It is intended to lend money to the Fund as security.

In addition, it would make it possible to use a restaurant on the F1st floor until the money is received.

However, in fact, the Defendant invested in the shares of the “Non-Pake” around 2009, but did not have any specific property due to the fact that it is economically difficult to view many damages, and even if said “F” borrowed money from the damaged party, it did not have any intent or ability to complete payment.

Nevertheless, on April 20, 201, the Defendant: (a) by deceiving the victim; (b) received a delivery of KRW 30 million to the national bank account (H) in the name of G by the Defendant around April 20, 201 from the victim; and (c) received a delivery of KRW 93,128,700 in total eight times from around that time to January 7, 2015, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the details of transaction in the victim's account, decision on recommending compromise, transfer confirmation, comprehensive credit report, certified copy of the register;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Frauds No. 1 (less than KRW 100 million) (one month to one year) and the mitigated area (one year to one year) (a person with special mitigation) is not subject to punishment.

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