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(영문) 대구지방법원 2020.06.24 2020고단1476
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

The Defendant is a person who had worked in C Real Estate B located in G, G, U.S. in G, U.S. from June 2018.

On July 2, 2018, the Defendant continued to make an investment in real estate with the introduction of the Defendant at a usual place on July 2, 2018, as if he continued to work for the said “C Real Estate”, presented the apartment sales contract and made a false statement to the effect that “The head of the claim for an erroneous real estate transaction is flicking, the warden is likely to have a lot of real estate transactions, and there is a high possibility of making profits to require a lot of money, and allowing him to make a profit by making an investment.”

However, even if the Defendant withdrawn from the “C Real Estate” around June 2018 and received money from the victim, the Defendant was thought to use the money for investment in virtual currency or for the cost of living, not as a real estate investment. Therefore, even if the money was received from the victim, the Defendant did not have any intent or ability to pay the money to the victim by making use of the money

As above, the Defendant, by deceiving the victim, received KRW 1,500,000 from the victim to the Daegu Bank Account under the name of the Defendant on the same day, and received the remittance of KRW 51,50,000 in total from October 4, 2019 to October 4, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. A detailed statement of deposit transactions to be submitted by a complainant, the file, the details of deposits and withdrawals, and the detailed statement of deposits and transactions;

1. Application of Acts and subordinate statutes to investigation reports (the date and time, and specification of the amount of damage);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (generally, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommending punishment according to the sentencing criteria (a decision of type) shall be the fraud crime;

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