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(영문) 서울서부지방법원 2016.11.04 2016고단2476
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 2012, the Defendant called “A, an elementary school co-ordin C, who is an elementary school co-ordinator, is in charge of corporate loans from Nonghyup Capital, may receive high interest if he/she entrusts the surplus funds to C, and the principal may be returned only if he/she reaches the end of two months.”

However, in fact, the defendant was thought to use the money from the victim B for his own living expenses, and since NAF C was a non-existent person, even if he received money from the victim B, he did not have the intent or ability to pay the principal and high interest to the victim B.

Nevertheless, the Defendant, as above, received KRW 10 million from the victim B to the single bank account under the name of the Defendant around July 30, 2012, and received KRW 5150,000 from the victim B as shown in the attached crime list from around that time to April 18, 2014, and acquired KRW 30 million from the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Investigation reports (including documents attached thereto, related to the submission of details of withdrawals and transactions of banks that are suspects and complainants);

1. Application of the past transaction details inquiry (Appellant B bank), transaction statements by account, transaction records by account (B company bank), detailed inquiry of Korean bank transactions, suspect national bank account details, suspect single bank account details, suspect single bank account details, and Acts and subordinate statutes concerning the transaction details of community credit cooperatives;

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

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the reason for the sentencing of Article 38 (1) 2 and Article 50 of the Criminal Act [the scope of recommending punishment] are the basic area (6 to 100 million won) (6 to 1 year and 6 months), and there is no special person [the decision of sentencing] [the following circumstances] and the defendant's age, character

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