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(영문) 수원지방법원 성남지원 2017.11.01 2017고단104
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, around April 1, 2015, at L Office operated by the Defendant in the third floor of Nbuilding in Dongjak-gu Seoul Metropolitan Government, he/she is allowed to punish the victims of “a large amount of money if he/she invests in film business.”

For example, 5 million won can be invested, 1 million won can be paid after one month, and 4.5 million won can be paid in total including 5 million won principal and 5 million won after three months.

If the interest of 1.5% per day is added to the interest of 5 million won per day, a total of 11 million won can be collected by adding to the principal amount of 5 million won.

“A false statement” was made.

However, the defendant was in a situation where he could not pay the office fee due to bad credit standing, there was no intent and ability to proceed with the film business, and even if he received money from the injured party, he was willing to use the office fee maintenance cost and the existing debt repayment purpose.

Nevertheless, the Defendant, as such, by deceiving the victim, received a total of KRW 18 million, including KRW 4.5 million, excluding KRW 5 million, prior to April 1, 2015 and KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against theO;

1. The age rating credit information;

1. Application of Acts and subordinate statutes on the entrustment of investment, and details of suspect attachment;

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the reasons for sentencing of punishment [the scope of recommendation] [the grounds for sentencing of imprisonment] No person [the person subject to special sentencing] in the basic area (from June to January 6] (no person subject to special sentencing] (the amount of sentencing], the amount of fraud, the method and degree of deception, damage recovery, and the fact that the damage was not supported by the injured party and the fact that the injured party did not receive a letter from the injured party, shall be considered as the main sentencing factors. In addition, all of the sentencing factors specified in the instant trial process, such as the defendant's age, sex, living environment, and circumstances after the crime, shall be comprehensively considered. It is so ordered as per Disposition.

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