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(영문) 수원지방법원 2017.11.30 2017고단5642
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2008. 2. 경 피해자 C에게 ' 서울시 노원구 상계 3동에 광운 대학교 골프학과 연습장을 건설하려고 하는데, 이미 투자자들 로부터 50억 원을 모아 놨고, 나 또한 4억 원을 투자하였다.

In making an investment, a false statement was made to the effect that it may receive a profit of KRW 500 to KRW 10 million per month.

However, there was no plan to build a golf practice course in the Mine University, and the Defendant did not have made an investment in the golf practice course construction in the Mine University, and there was no think that the Defendant would have invested in the projects for the construction of the golf practice course in the Mine University.

Ultimately, the Defendant, as such, by deceiving the victim, and then deceiving the victim from the damage, by means of receiving the passbook, password, and seal from the National Bank (E) account in the name of the victim’s wife D, whose balance of KRW 200 million is remaining from February 19, 2008.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police with regard to C;

1. A complaint, a letter of confirmation, and a receipt;

1. Report on investigation (in relation to submission of the details of remittance of the amount of damage by an complainant, etc.), and details of each transaction;

1. Cases requesting cooperation in investigation;

1. Requests for factual inquiries and replies;

1. Application of Acts and subordinate statutes to report on investigation (to listen to the statement by the F phone of the previous university);

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

1. Article 62(1) of the Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decisions 200 million won has been paid to the victim in the course of the investigation of this case; 80 million won has been paid to the victim in the course of the investigation of this case; 20 million won has been paid to the victim according to the result of the mediation in the relevant civil procedure)

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