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(영문) 인천지방법원 2015.06.30 2014고단7194
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around 10:00 on August 3, 2013, the Defendant stated in DPC bank operated by the victim C (the age of 43) located in Gwangjin-gu Seoul Special Metropolitan City, that “The Defendant will return KRW 20 million by adding the principal and the profit to B until August 16, 2013 when investing KRW 10 million in B.”

However, in fact, the defendant did not have been engaged in the investment business related to the first financial right, and there was no intention or ability to pay the principal and the profits, such as the promise within two weeks.

As such, the Defendant, by deceiving the victim, obtained KRW 10 million on the same day from the victim and acquired it by deception.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes confirming the details of transactions of entry and departure;

1. A sentence shall be imposed on a criminal defendant in consideration of the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the selective sentencing of imprisonment, the fact that it is not good that the injury has not been recovered;

However, in consideration of the amount of fraud, the age, character and conduct, family environment, the circumstances and results leading to the crime of this case, and various sentencing conditions shown in the records and arguments, such as the circumstances before and after the crime, the punishment as ordered shall be determined.

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