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(영문) 인천지방법원 부천지원 2017.01.12 2016고단1359
사기
Text

Defendant

B A person shall be punished by imprisonment for not less than eight months.

However, the above sentence against Defendant B for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime (Defendant B)

1. On January 18, 2012, the Defendant is not present to make an investment in the victim E by posting a phone to the victim E.

The money was borrowed and the money was paid up to one month.

However, even if the defendant borrows money from the injured party, the defendant did not have the intention or ability to pay it within the agreed period.

The defendant deceivings the victim as above, and he immediately received 15 million won from the victim to the account in the name of the defendant, thereby deceiving the victim.

2. On December 31, 2013, the Defendant: (a) calls from the victim on December 31, 2013 to lend money to the victim to make an investment; (b) only one month, and (c) is to pay off money.

If this investment is well made, it was called that it will pay 15 million won prior to it.

However, even if the defendant borrows money from the injured party, the defendant did not have the intention or ability to pay it within the agreed period.

The defendant deceivings the victim as above, and he immediately received 10 million won from the victim to the account in the name of the defendant, thereby deceiving the victim.

Summary of Evidence

1. The defendant B's partial statement

1. Legal statement of witness E;

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes on filing of a complaint and details of account transactions (Evidence List 26);

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (6 months to one year and six months) (the person subject to special sentencing) of Type 1 (less than KRW 100,000) [the sentence] [the decision of sentence] of this case, and the crime is not committed in that the amount of the fraud of this case has not been recovered for a long time, but the defendant deposited KRW 10,000 in order to recover the victim's damage, and other criminal intent.

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