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(영문) 의정부지방법원 2017.05.18 2017고정208
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant: (a) on November 20, 2015, the fact in the Gangnam-gu Seoul Seo-dong coffee shop did not have the intent or ability to entrust to the asset management company even if he received the money from the injured; (b) but (c) “if a national institution has the same money to be invested in entrusting the asset management company, the principal shall be guaranteed; and (d) profits shall be paid at least 1% to 2%

From December 3, 2015 to February 1, 2016, “Accompiced” was acquired by transfer of KRW 44,550,118 in the name of the Defendant to one bank account C in the name of the Defendant to the asset management company under the pretext of entrusting it to the asset management company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of complaint and statement;

1. Inquiry of transaction details and investment specifications;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of this case and against his mistake; (b) the Defendant paid the victim KRW 30 million to the victim; and (c) the Defendant agreed to pay the remainder in installments after the agreement was reached; and (d) the fact that there is no record of special criminal punishment except for those subject to punishment twice for a violation of the Motor Vehicle Management Act around 2002, etc.

However, in the meantime, the crime of this case where the defendant defrauded approximately KRW 44,550,00 as investment money is not less than the nature of the crime in light of the content and method of the crime, the damage amount of the crime of this case is considerable, the balance of general punishment in the same and similar cases, and other kinds of punishment as shown in the argument of this case, such as the defendant's age, sexual conduct, intelligence and environment, motive, motive, means and consequence of the crime of this case, the situation after the crime, and criminal record.

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