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(영문) 대전지방법원 천안지원 2017.02.02 2016고단856
사기
Text

A defendant shall be punished by imprisonment for one year.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On July 201, 201, the Defendant called the victim C at a remote place below the Seocho-si in the early 201, and there is an investment product with a high profitability-friendly investment product found while working in the domestic merz fire.

If an investment of KRW 100 million is made in the product, the profit of KRW 300,000 per month shall be paid, and the principal shall be repaid in full after one year.

“A false representation was made.”

However, the above investment products were false products that do not exist in the Mz fire, and even if the Defendant received money from the injured party, it was thought that they will be used for personal purposes, and there was no intention or ability to pay the principal in full after one year.

Nevertheless, the Defendant, as seen above, received a total of KRW 100 million from the victim to the national bank account (Account Number: D) in the name of the Defendant, such as KRW 50 million from July 7, 201 to the victim, and KRW 50 million from July 8, 201, and KRW 50 million from July 8, 201.

In addition, from that time to April 21, 2015, the Defendant received a total of KRW 290,000,000 from eight times in the same manner as the list of crimes in attached Form 20,000 from that time and acquired the money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. Account transfer details;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act, Article 347 of the Criminal Act, the point of fraud, and the choice of imprisonment with prison labor for the crime;

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. Reasons for sentencing of Article 25(3)3, Article 32(1)3, and Article 22(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (which requires sufficient deliberation as to the scope of liability for compensation, and it is not reasonable to issue an order for compensation in criminal proceedings) [the scope of recommendation] types 2 (10 million won).

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