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(영문) 춘천지방법원 영월지원 2013.06.11 2013고단107
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 7, 2012, the Defendant made a false statement to the victim C on May 7, 2012 that “When investing KRW 20 million, the Defendant purchased the house and then sold it again 45 days after selling it again, the Defendant would give the amount of KRW 5 million, along with the principal.”

However, even if the defendant received money from the victim, he thought that he will use the money in the riverland casino, so that he did not have the intent or ability to reduce the principal and profit by making real estate transactions like the victim's promise.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim on May 7, 2012, and KRW 15 million on May 15, 2012 from the victim, respectively, to the Defendant’s account.

Accordingly, the defendant, by deceiving the victim, acquired KRW 20 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Receipts, commitment implementation contracts, and details of passbooks which are complainants;

1. Application of Acts and subordinate statutes to each investigation report (investigation into verification as to the existence of real estate to be invested by a suspect, submission of a statement of transactions by account transfer, accompanying a suspect's credit report, and verification of casino entry of

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The scope of sentencing guidelines for sentencing [the determination of types of recommendations] the basic area below KRW 100 million (the determination of the recommended area] below the basic area (the scope of recommendations] [the scope of punishment] imprisonment for six months from six months to one year and six months [the suspension of execution];

(a) Reasons for major reference: (Unlawful) Unagreement;

(b) Reasons for general participation: (Unlawful) A criminal record of the same kind, or no effort to recover from damage;

2. The sentence of sentence is not restored to the victim, and it is inevitable for the defendant to punish him or sentence corresponding to him or her in that he or she is sentenced to imprisonment with prison labor.

However, the defendant committed each of the crimes of this case.

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