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(영문) 대구지방법원 안동지원 2016.08.26 2016고단448
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On June 5, 2013, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and was released from the Incheon Detention Center on October 28, 2013, and the parole period expired on December 20, 2013.

[2] On February 23, 2015, the Defendant stated that “The Defendant would provide the victim E with a Gtel at a hotel located in Pyeongtaek-si C, and if the Defendant invested KRW 11,00,000,000 per unit of case, it would give KRW 15,00,000,000 per unit of case to the victim E with an amount of KRW 4,00,000 per unit of KRW 1,5 million.”

However, since there was no Gtel secured by the defendant, even if the defendant received investments from the injured party, there was no ability to attach premium by investing in the officetel.

In other words, the Defendant received 22 million won from the injured party to the H head of Tong designated by the Defendant for the purpose of investment in 2 cases of the above Gtel, and acquired it by fraud, from around that time to February 16, 2016, by obtaining a total of KRW 120 million over 12 times in the same manner as the list of crimes in attached crimes, such as the list of crimes, from around February 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, E, K, and H;

1. A remittance statement, a detailed statement of transactions in passbooks, documents for securing rights, details of deposits, and a receipt of loan;

1. Each investigation report and accompanying documents;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of repeated crimes) statute;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant committed the instant crime during the period of repeated crime due to the same kind of crime, the amount of damage is large, and the amount of damage is still not recovered, and the Defendant agreed with some victims (I and E), and the amount of redemption is contrary to the recognition of the instant crime.

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