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(영문) 수원지방법원 2018.08.16 2018고단3547
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

피고인은 2012. 6. 경 서울 강남구 B, 301호에 있는 피고인 운영의 ‘C’ 사무실에서 초등학교 동창으로 알고 지내던 피해자 D에게 “ 여 윳 돈을 나한테 맡기면 돈을 벌게 해 주겠다.

(d) If a bank pays 5% of the monthly interest to a bank, and a bank makes a deduction of the principal, it may immediately deduct the amount of gold from each other at another construction site.

“A false representation was made.”

However, fact that the defendant was operated

C From May 2012, since the enemy got from a accumulated and experienced a financial shortage, the construction site related to C did not run every month, and accordingly, the Defendant was operating the funds in the way of “recovering” by lending money to the second financial rights and the branch members. Accordingly, even if the Defendant was paid the money normally from the customer, it is insufficient to use the money as the repayment of the existing debt and the company’s operating fund. Accordingly, even if receiving the money from the victim, there was no intention or ability to pay the principal and the agreed profit to the victim normally.

As such, the Defendant, by deceiving the victim as such, was transferred from the victim to the national bank account in the name of the Defendant, KRW 4.5 million on July 20, 2012, KRW 30 million on July 25, 2012, KRW 70 million on August 16, 2012, and KRW 14 million on August 28, 2012, respectively.

Accordingly, the defendant deceivings the victim and defrauds the total of KRW 118,50,000 through four times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The current status and settlement of interest of the principal of the Cinvested amount, the bond account statement, and the certificate of credit sales;

1. Application of Acts and subordinate statutes governing personal financial transactions and credit information history;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;

1. Application of the sentencing criteria [the scope of the recommended punishment] general fraud;

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