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(영문) 제주지방법원 2018.02.08 2017고단942
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant made an investment in B to the victims of the same high school that was established at a non-high school located in the first place in Seoul, the first day of which is less than that of Seoul.

If other investors make an investment, they will take part of 1/3 of profits.

“A false representation was made.”

However, even if the defendant received money from the injured party, he did not have any intention or ability to pay the profits by using the defendant's living cost and repayment of debt, etc., but he did not have any intention or ability to pay the profits by doing so.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 20,000 from the Defendant’s account (CF) for the name of store deposit on March 25, 2015, and received KRW 38,200,000 from July 12, 2015, as shown in the separate crime list, from the time when the Defendant was transferred to July 12, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including B/S)

1. Statement made by the police against B;

1. Complaint;

1. A detailed statement of deposit transactions;

1. Application of the Kakao Stockholm Act to the content of conversation;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. In light of the fact that the reason for sentencing selective punishment of punishment is inadequate, the content and method of deceitation of this case is considerable, the amount of defraudation has not been restored until now, and the fact that the crime of this case has been committed two times due to frauds, it is reasonable to sentence the defendant to the punishment.

However, the punishment shall be determined as per the order by comprehensively taking into account the arguments against the defendant.

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