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(영문) 수원지방법원 평택지원 2016.01.14 2014고단736
사기
Text

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

Reasons

Punishment of the crime

On December 2, 2013, the Defendant called the victim AA who was aware of the problem of the importation of clothes at a place where he was not a policeman on early 12, 2013, and called "a person who works as a horse wholesaler at home,"

Blucing the 120,000 square meters of the total amount of 120,000 square meters from the black field, the four companies were ordered to meet 120,000 square meters.

In response to the order volume, the amount of money, such as securing the workplace, was required, and the investment would be paid a fixed amount of 10% of the monthly amount of investment.

However, in fact, the Defendant did not receive orders from the end of U.S. and had the intent to use the said money for the repayment of personal debts, so even if receiving the investment money, the Defendant did not have the ability or intent to pay the money to the victim.

Around December 6, 2013, the Defendant received KRW 20 million from the damaged party to the account in the name of Dong-gu N that was designated by the Defendant, from the Defendant, on the pretext of investment, and received KRW 30 million from the account in the name of Dong-gu around January 8, 2014.

Accordingly, the defendant deceivings the victim to acquire the total amount of KRW 50 million owned by the victim.

Summary of Evidence

1. Statement by the defendant in court (the second public trial protocol);

1. Statement made to A by the police;

1. Application of Acts and subordinate statutes on investment contract and copy of passbook;

1. Determination on the application of the sentencing guidelines of Article 347 (1) of the relevant Article of the Criminal Act for the crime: The scope of recommending the applicable O sentencing guidelines: The scope of recommending the sentencing guidelines of Article 347 (1) of the Criminal Act for the crime: The general fraud shall be taken into account all the circumstances, including the escape from the trial even without performing any O damage (from June to January 16) in the basic area (from June to June).

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