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(영문) 청주지방법원 충주지원 2016.07.08 2015고단531
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around September 2013, the Defendant, at the SC Capital Office located in Samsung-dong, Gangnam-gu, Seoul, invested money in cash to the victim C, and in order to dispose of real estate that he/she has, it should be restored to the original state.

If only that part is resolved, it was false to the effect that the sale of real estate and the funds necessary to solve the problem are to be repaid within one month.

However, the Defendant did not have invested money in D who is a kind of friendly partner, and D did not have to pay for the disposal of real estate due to the lack of real estate purchased, and at the time, the Defendant did not have any particular property or income, while the Defendant was liable to pay 30 million won or more from E, F, G, etc., so even if he borrowed money from the injured party, he did not have any intention or ability to pay the money.

Nevertheless, on September 30, 2013, the Defendant, by deceiving the victim, received 30 million won from the victim to the national bank account (H) in the name of the Defendant on September 30, 2013.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against C;

1. A complaint filed by C (including accompanying materials);

1. Each report on investigation;

1. Response to requests for financial transaction information;

1. Application of Acts and subordinate statutes to a criminal investigation report (the analysis of criminal suspect's account details);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [type determination] There is no type of fraud, general fraud, or type 1 (less than KRW 100 million) [the scope of the recommended sentence and the sentence of recommended punishment] (the scope of the recommended sentence and the sentence of recommended punishment], the basic area of imprisonment with labor for up to six months from June;

2. Circumstances unfavorable to the decision of sentence: A concrete plan for the recovery of money by the defendant through the sale of real estate.

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