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(영문) 수원지방법원 2016.12.15 2016고단3974
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated a restaurant with the name of E in the D market located in Seodaemun-gu Seoul Metropolitan Government.

In the above restaurant on September 15, 2014, the Defendant did not have the intent or ability to make a high profit by investing in real estate through the kind of real estate brokerage business at the time. Moreover, even if the Defendant merely borrowed the Defendant’s debt of KRW 27.5 million, personal debt of KRW 20 million, credit card arrears amounting to KRW 52.5 million, and no certain amount of income or loan from the victims, the Defendant would collect money from the victim F by making an investment in real estate brokerage business at the rate of 18% per annum, and the Defendant would have received the principal on October 15, 2014, and the Defendant received it from the victim on the same day, and “an offense No. 1400,000 won” from the victim’s 10,000 won to 14,000,000 won, and “an offense No. 14,000,000 won” from the victim’s 10,015.7,014.

In the same way, six victims were accused by the same method over 15 times, and the victims received a total of 78 million won from the victims and acquired them by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on filing a complaint and account transaction statement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., the fact that the Defendant recognized his mistake and against himself, the victim G, H, I, J, and K) or more.

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