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(영문) 의정부지방법원 2018.05.03 2017고합379
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

In order to repay the principal and interest of the Defendant’s debt amounting to 50 million won and the amount of the debt increased while running the mobile phone network business, the Defendant was not in an auction business, but in order to acquire money by deceiving the victim D as if he invested in the auction business.

On January 13, 2015, the Defendant, as a citizen of the Government of the Gyeonggi-si, would be able to collect money from the victim near Samsung Bio-resources, “after receiving auction goods, he/she would be able to receive money again, and would be able to receive a large amount of money from investment.

“A false statement” was made.

However, the defendant had the intent to receive money from the injured party and pay the principal and interest to the other debtor, and even if he received money from the injured party, he did not have the intention or ability to pay the principal and interest properly.

Accordingly, the Defendant, as seen above, was accused of the victim and received 100,000 won from the victim to the Saemaul Treasury (E) under the name of the Defendant on January 13, 2015 from the victim, and was reduced by the amount acquired through the application for changes in the indictment by the Defendant on April 4, 2018, as shown in the list of crimes in the attached Form 79 times as investment funds from the victim.

was issued by the Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the National Bank Account in the name of the complainant (F), the details of text conversations between the complainants, investigation reports (Submission of a detailed statement of deposits and withdrawals of the suspect's account) and attached documents, investigation reports (reports on confirmation of the amount of

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Reasons for sentencing under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss the Compensation Order (the determination that it is inappropriate to issue an order for compensation because the existence or scope of liability for compensation of the defendant is not clear);

1. The scope of applicable sentences under law: Imprisonment with labor for one month to ten years.

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