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(영문) 대전지방법원 2018.01.17 2017고단4346
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On October 2016, the Defendant made an investment to the victim C in the Seo-gu Daejeon B Housing No. 401, Seo-gu, Daejeon, Seo-gu, Daejeon, because the Defendant had a strong change or laundry and a good investment.

There is the president of the 40-year old-friendly job offers D, and the savings bank is making a big business.

Specifically, when investing KRW 10,000,000 each day, the high-profit investment that receives KRW 1,300,000 for 130,000 each day will be made, trust and investment.

B. When sending money to B, the payment shall send the money to the D President, and shall distribute the profits to the President.

“A false representation was made.”

However, at the time of fact, the defendant did not have any particular income, and the debt exceeds 35,00,000 won, and even if he received the money from the injured party, he was only able to use it for the repayment of the debt, and there was no intention or ability to create the profit by investing it in the savings bank.

On December 22, 2016, the Defendant received 30,000,000 won from the injured party as investment money from the Defendant’s agricultural bank account (Account Number E) under the name of the Defendant, etc. from around that time to April 18, 2017, by deceiving the victims in the same manner as shown in the annexed Crime List, and received KRW 79,20,000 in total from around that time.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and G;

1. A detailed statement of damage transactions;

1. A certificate of borrowing money;

1. A certificate of details by member trading account;

1. The loan certificate;

1. A criminal investigation report (Submission of Data), a detailed statement of damage transaction, and a criminal suspect and Kakao Stockholm letters on the criminal suspect and accusation;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a detailed statement of suspect deposit transactions);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: the nature of the crime is not good in light of the method of crime.

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