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(영문) 인천지방법원 2020.10.15 2020고단3438
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 5, 2019, the Defendant stated that “A victim B, who became aware of a female-friendly female-friendly district of a kind-friendly society, may purchase shares at the executive price because he/she well knows that he/she is a stock company E management,” and that B, who would purchase shares at a price less than KRW 1,500 per share of money, to whom he/she would purchase shares at a price below KRW 2,200 per share.”

However, even if the defendant received money from the victim, the defendant did not have the intention or ability to purchase the above shares with a lower price than the market price.

As above, the Defendant, by deceiving the victim, received KRW 25 million from the victim to the national bank account (G) in the name of F used by the Defendant for the purchase price of stocks on August 14, 2019.

Summary of Evidence

1. Application of Acts and subordinate statutes on the receipt of the police statement concerning the defendant's legal statement B and the details of account transactions;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the chosen criminal punishment, Article 62(1) of the Criminal Act;

1. Determination of punishment as ordered in light of the circumstances and the reasons for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Dismissal of Action, etc. of Application for Compensation (the scope of liability for compensation is unclear and thus it is not reasonable to issue an order for compensation in the criminal procedure) and other records, such as the defendant's age, criminal record, criminal record, amount obtained by deceit, relationship with the victim, method of crime, etc., and all kinds of sentencing conditions as stipulated in Article 51

The favorable circumstances: the defendant recognized the error and reflects it.

In agreement with the victim, the victim does not want the punishment of the defendant.

The defendant has been punished twice for a crime of the same kind, and there are many other criminal records.

It is difficult to see that the amount of damage is small.

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