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(영문) 대구지방법원 2016.06.09 2016고단1579
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 2015, the Defendant issued a false statement that “F office located in the “F office” located in the Gyeong-gu, Daegubuk-gu, would have a short-term investment source capable of making high profits,” and that “The Defendant would have settled 10% of the investment amount every month, if he/she makes profits from the investment, it would have settled 10% of the investment amount.”

However, in fact, the Defendant did not have any intent or ability to pay investment profits even if he received money from the injured party, because the Defendant thought that most of the money would be used to repay living expenses or card values.

On September 29, 2015, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10 million to the national bank account under the name of the Defendant on September 29, 2015 from the victim; and (c) acquired KRW 10 million on September 30, 201; and (d) acquired KRW 10 million on October 1, 201 of the same year by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on investigation (the details of the funds received by the person under investigation and the details of the use of the funds), and the details of using funds;

1. Application of Acts and subordinate statutes to a certificate of investment deposit;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of Article 62(1) of the Criminal Act [the grounds for sentencing] [the grounds for sentencing] of Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of the mitigated area (one month to one year) [the person who is specially mitigated] [the sentence] of the mitigated area (the person who is sentenced] of punishment [the sentence] - the Defendant, by deceiving the victim, has used most of the money received as investment funds for personal purposes, such as living expenses and credit card bills, and the amount of

- The favorable circumstances: The defendant is the first offender, and reflects on the recognition of the crime of this case.

A written application for the punishment of a defendant is submitted by the unanimous agreement with the victim.

- - this.

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