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(영문) 창원지방법원 2021.02.17 2020고단3960
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 18, 2020, the Defendant concluded a false statement with the purport that “C” was opened a re-tetraf, and then, the victim B, who joined the said carpet, can pay high profits on the Internet hosting to the victim “B, while investing in the lab game, he/she can raise the probability that he/she can live alone through the work of “the ballast Game,” “the traffic,” thereby raising the likelihood that he/she can pay a high profit.”

However, in fact, the defendant had the intention to acquire money under the name of investment money from the beginning, and there was no intention or ability to pay the proceeds to the victim as agreed because he did not have invested in the game to be distributed.

Nevertheless, the Defendant received 50,000,000 won from the injured party as investment money in around 13:10 on the same day from the Defendant’s bank account under the name of the Defendant, from that time until September 19, 2020, from that time, from that time, the Defendant received KRW 10,100,000 through five times in total as indicated in the list of crimes in the attached crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to deposit money;

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. 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Sentencing guidelines for sentencing under Article 31 of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Lawsuit;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [type 1] does not [the scope of the recommended sentencing] below 100 million won [the scope of the recommended punishment] [the scope of the recommended punishment] [the scope of the recommended punishment] The punishment shall be determined as per the order, taking into account all the various circumstances, including the following circumstances: imprisonment, six months to one year and six months, and the defendant's age, sex, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

Unfavorable circumstances: The crime of this case is committed.

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