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(영문) 수원지방법원 2016.06.22 2016고단2314
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 22, 2010, the Defendant made a false statement to the effect that “The Defendant would pay the principal of the investment after the completion of the project, by setting the amount of the investment as 400% of the principal of the investment, to the victim E, who was aware of the usual level of money in the D golf course located in Osan-si C.”

However, there was no fact that the Defendant entered into a sales agency contract with respect to the sales of AP, and there was no fact that he invested in the above business, and even if he received money from the injured party, he did not have the intent or ability to make profits by making a proper investment.

Nevertheless, the defendant deceivings the victim as above and received 80 million won from the victim, and, from July 22, 2010 to July 5, 2013, the defendant deceivings the victim as shown in the list of crimes, and acquired 415,00,000 won in total nine times from July 22, 2010 to July 5, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. An investigation report (Submission of a detailed statement of account inG);

1. Application of Acts and subordinate statutes of a letter of agreement, a certificate of cash custody, a copy of a check, each receipt of cash custody, details of account transactions, and the detailed statement of account transactions;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the scope of recommending punishment] [the reasons for sentencing under Article 38(1)2 and Article 50 of the Criminal Act / [the scope of recommending punishment] / [1 to 4 years] of the basic area (1 to 500 million won) / [the sentence] of the defendant deceiving a victim as stated in the judgment of the court, thereby taking the victim by deceiving him/her, the victim prepared most of the funds that he/she delivered to the defendant through loans, teas, insurance cancellation, etc.

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