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(영문) 수원지방법원 평택지원 2017.05.25 2016고단2834
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 8, 2016, the Defendant conspiredd to acquire money by borrowing investment B and real estate investment, and the Defendant made a false statement to the victim C (the 20-year-old age-old) stating that “I will make an investment related to land, I will receive 100,000 won per day, be able to receive an investment, and the principal may be repaid in full, so I will receive an investment by obtaining a loan,” while “B has made an investment in real estate, but can obtain a large amount of profit.”

A false statement was made that “The principal will be returned without loss.”

However, in fact B did not participate in real estate investment and did not have any intention or ability to deliver earnings or to return principal even if they receive money as investment funds from the victims.

As above, the defendant deceivings the victim as above, and is the same month from the victim who is under his control.

9. It has obtained a delivery of KRW 11960,00 as investment money and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] General Fraud / There is no basic area (from June to one year and six months) (the person subject to special sentencing) / [decision of sentencing] under the following conditions and other conditions of sentencing recorded in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, etc. shall be determined by comprehensively considering the following conditions of sentencing.

- The nature of the crime of this case does not correspond to those of the defendant, provided that there is no criminal punishment exceeding the fine. - The defendant is against his fault.

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