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(영문) 대전지방법원 홍성지원 2018.08.08 2018고단341
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2015, the Defendant made a stock investment to the victim C in the sexual valley located in Bocheon-si, Bocheon-si.

If money has been paid, investment will be viewed through B.

Even if there is a harsh loss, the principal will be guaranteed.

“A false representation was made.”

However, according to the Defendant’s failure to invest in stocks and causing considerable loss, the Defendant had previously paid KRW 15,1466,3921 per month the total amount of principal for the financial rights up to that time, and had paid KRW 300 to 4,000 per month. On the apartment of approximately KRW 65,500,000 for the market price in possession, there was no property other than the right to collateral security. The Defendant did not have any intention or ability to pay the profits through the investment in stocks or return the principal, even if the Defendant received the money from the damaged person due to the excess of KRW 3,00,000 per month.

Defendant deceiving the victim as above and received KRW 1 million from the victim to the national bank account (D) in the name of the Defendant, and thereafter, Defendant acquired KRW 25 million through five times in total from November 6, 2016, as shown in the list of crimes in attached Table from November 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A trading statement and a detailed statement of deposit transactions;

1. The loan certificate;

1. A certificate of all registered matters;

1. Application of Acts and subordinate statutes to a report on investigation (verification of suspect's debt status);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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 provides that the reason for sentencing is not less exceptionally and not yet recovered, and there is no trace of serious efforts to recover damage, etc., that are disadvantageous to the Defendant.

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