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(영문) 수원지방법원 안산지원 2013.05.22 2013고정367
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 2, 2011, the Defendant made a false statement to the victim E within the D coffee shop in Incheon Metropolitan City C 101 Dong 106, stating that “I would pay 20% of the profits and return the investment money within six months after importing the products from Indonesia. If I make an investment of KRW 50 million, I would pay 20% of the profits and return the investment money within six months.”

However, even if the defendant sells the product in bad credit condition, he did not have the intent or ability to return the investment money to the victim.

On June 29, 201, the Defendant received 50 million won from the victim as investment expenses.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the statutes on a short-term investment contract and a detailed statement of transactions by account;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant confessions and reflects the crime of this case, and agreed with the victim, but considering the fact that the amount of the fraud of this case is not so much and the total amount of the damage is not paid to the victim, the amount of the fine specified in the summary order cannot be deemed to be excessive. Thus, the punishment shall

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