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(영문) 대구지방법원 상주지원 2014.08.26 2014고단137
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 2012, the Defendant concluded that, within a victim C’s vehicle in front of a bus terminal located in Gyeyang-dong at the time of permanent stay, the Defendant stated that “the victim shall make an investment of KRW 30 million to B, thereby making an annual profit of KRW 500,000,000, and return the principal to the victim immediately if he talks before a week.”

However, the defendant was thought to use the money received from the victim for personal purposes, and there was no intention or ability to return the money to the victim even if the victim requests the return of the principal.

The Defendant, as above, by deceiving the victim, received KRW 30 million from the victim to the Agricultural Cooperative Account in the name of D, the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s protocol of interrogation of the accused to the prosecution

1. Reasons for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment [the scope of recommending punishment] There is no basic area (6 months to 100 million won) (6 months to 100 million won) [the decision of sentencing] [the decision of sentencing] the defendant did not recover from damage in addition to the defendant's deposit of part of money to the victim, and other damage amount, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., taking into account the conditions of sentencing as shown in the argument of the case, such as the size of damage, the defendant's age, character and conduct, environment, motive of the crime

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