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(영문) 대전지방법원 2013.07.26 2013고단244
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 5, 2010, the Defendant made a false statement to the effect that “Irnman operates real estate brokerage business, and if Irnman invests in a foreign real estate with a high investment value, Irre that Irnman will pay the investment money in high-value. Irre that Irre the Defendant would pay the investment money in high-income profits, as Irre the real estate purchase price is insufficient.”

In fact, the Defendant was merely the intent to make an investment in the sale and purchase of US dollars by the FF Companies (FF Companies) and did not intend to make an investment in the sale and purchase of overseas real estate.

The Defendant, as above, by deceiving the victim as above, received KRW 6 million from the victim on May 20, 201 to receive KRW 17,22 million in total from that to August 29, 201, as shown in the list of crimes committed in annexed hereto, as well as from that time, he/she received KRW 42,22 million in total from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [the scope of punishment] 1 month to 10 years [Special Inmates] - Reduction element (the damage recovery to a victim), / Reduction element (the damage recovery to a considerable part), / Reduction element (the scope of recommendation element) / [the scope of punishment] fraud crime group, general fraud (the amount of less than KRW 100,000), special mitigation range, special mitigation range, one month to 1 year [the suspension of execution of sentence] - Major reasons for writing - Major reasons for writing : Recovery of damage (esteem): Full amount of punishment - General reasons for writing : One time before and after the suspension of execution: No one time before the same kind of fine, no one time after the suspension of execution, nor one time after the consumption of criminal proceeds.

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