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(영문) 서울중앙지방법원 2018.01.30 2017고단6194
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 30, 2015, the Defendant, at a coffee shop, where it is impossible to know the trade name in the white-dong at the time of Ilsan on August 30, 2015, has to hold at least KRW 100 million for the victim C to be promoted as executive officers.

A false statement was made to the effect that he/she would pay back the gold after purchasing the private capital with the private capital.

However, the Defendant was not the head of D, and was unable to obtain private shares, and there was no intention or ability to repay the borrowed money as agreed upon, because the Defendant was planned to receive money from the injured party to use it in so-called “the return prohibition”, such as personal debt repayment.

As such, the Defendant, by deceiving the victim as such, received KRW 3 million from the victim to the account of the Defendant’s name as the purchase price for the same day on the same day from the victim, and received or delivered KRW 200 million in total from the victim from November 17, 2014 to January 25, 2016, as shown in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E, F and G;

1. Each police statement made to C, H, F, I, G, E, J, and K;

1. Complaint;

1. Investigation report (to hear and report the amount of damage caused by G telephone (specific) by a complainant), investigation report (to submit G data which is a complainant and to hear and report by telephone);

1. Application of Acts and subordinate statutes on financial transactions, deposit transaction statement, loan transaction contract, each loan guarantee contract, loan guarantee contract, joint and several guarantee contract, joint and several guarantee contract, deposit account deposit certificate, cash deposit certificate, and receipt;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] General Fraud / [the scope of recommending punishment / The basic field (not less than KRW 100 million, but less than KRW 500 million) ( August to 4 years): One step in the aggregate of concurrent crimes results.

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