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(영문) 서울북부지방법원 2016.09.22 2016고단1048
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant around March 2013 operated by the victim D in Gangnam-gu Seoul, Gangnam-gu, Seoul, manufactures and imports "Handbags, etc. from China, and legally sells them in the Dongdaemun-gu market" around March 2013, and business funds are insufficient.

If an investment of KRW 10 million is made, it will be paid KRW 50 million including principal and interest, within three months.

Even if the investment has failed, the principal will be guaranteed.

The phrase “ makes a false statement.”

However, in fact, even if the Defendant was running a corner business by an ambiguously illegal even even if it was unclear whether to sell or not, and was given investment money from the injured party, he was thought to use most of them for personal purposes, and even if he was given investment money from the injured party, he was in bad credit standing and was given investment money from the injured party, he did not have the intent or ability to grant or guarantee the principal amount of KRW 50 million after three months.

The Defendant, as seen above, was urged by the victim to transfer KRW 10 million to the national bank account of the Defendant on April 25, 2013 for investment, from that time to July 12, 2013, and was transferred KRW 14 million in total from that time by the same method as indicated in the list of crimes in attached Table 11 until July 12, 2013.

Accordingly, the defendant, by deceiving the victim, received the property from each other and acquired it.

Summary of Evidence

1. Statement by the defendant in court;

1. One-time protocol concerning the examination of the accused by the prosecution (including the married couple recorded in D)

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Statement made by the police against D;

1. Recording notes of theF telephone recording and investigation of a witness;

1. Application of Acts and subordinate statutes to the detailed statement of entry and withdrawal;

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 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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of punishment by law:

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