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(영문) 인천지방법원 2016.06.16 2016고단1822
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 1, 2009, the Defendant would raise the victim E’s high profit from “D Game Chapter” located in Changwon-si, Changwon-si.

It is time to make it possible to gain high profits now.

“A false representation was made.”

However, there is no intention or ability to pay the profits even if the defendant receives the money from the complainant.

The Defendant, as such, by deceiving the complainant, received on January 14, 2000 won from the injured party, from January 14, 2009, to the police account in the name of the Defendant.

2. On January 28, 2009, the Defendant falsely stated to the victim at the same place that “If the Defendant made any more investment as much as the amount initially invested falls short of the high-profit internal fund, then the Defendant would have deposited more profits than the previous one million won with a sure high-income security.”

However, there is no intention or ability to pay the profits even if the defendant receives the money from the complainant.

As such, the Defendant, by deceiving the victim, received KRW 11 million from the victim to the same account around January 29, 2009, and acquired a total of KRW 22 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to increase the storage of cash and copies of bankbooks;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. The amount of damage caused by the determination of the sentence shall be reasonable, and no agreement has been made with the victim: Provided, That the defendant shall receive medical treatment with cerebral blood;

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