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(영문) 대전지방법원 2020.03.13 2019고단1832
사기
Text

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

except that 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

The Defendant operated an entertainment drinking house with the trade name “C” from August 2, 2016 to October 2016.

On June 2016, the Defendant: (a) made a false statement that “If he/she acquired and operated an entertainment tavern, he/she would pay a large amount of debt, such as bonds at the time; and (b) in opening the said entertainment tavern business, he/she promised to pay a high rate of profit from many people and received money in return for investment; and (c) even if he/she received money from the victim F, he/she would pay a normal profit and would not have the intent or ability to repay the money invested; and (d) the Defendant would pay 30% of the profit if he/she invested in money after accepting and operating the entertainment tavern, he/she would pay the money to the victim’s G bank account under the name of the Defendant, 200,000 won, KRW 15 million on June 13, 2016, KRW 21,500,000 on June 13, 2016, KRW 2300,000 on the same month, and KRW 23 million on the same year.

7. On November 1, 198, a total of KRW 68 million, including KRW 8 million, has been remitted as investment money and shall be acquired through deception.

Summary of Evidence

1. The defendant's statement on the sixth public trial date in court;

1. Each prosecutor's interrogation protocol (including F's statement) against the accused, and each prosecutor's interrogation protocol against H;

1. Each legal statement of witness F, I, and H;

1. Each police officer's protocol of statement of F, I, and H and prosecutor's office;

1. A report on investigation;

1. Application of Acts and subordinate statutes to accusation forms, credit information inquiry materials, and specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. In light of Article 62(1) of the Act on the Suspension of Execution, the liability for the crime is unafford, the mistake is unafford in depth, and there are some circumstances to consider the circumstances of the crime as a result of the crime by the willful negligence. The victim and the victim wanted the wife of the defendant, and the fine is imposed.

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