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(영문) 서울북부지방법원 2016.05.12 2015고정982
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 29, 2014, the Defendant was sentenced to two years and six months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on September 6, 2014.

In fact, the Defendant, as a person operating G in Gangnam-gu, Seoul, Co., Ltd., Ltd., and in Gangnam-gu, the Defendant, who actually operated G in Gangnam-gu, Seoul, did not have the intent or ability to distribute investment profits even if he received money as investment funds from the victim H. However, on July 31, 2008, the Defendant partially revised this part of the facts charged to the Defendant, to the extent that he did not disadvantage the Defendant’s exercise of his right of defense, based on the facts found by the evidence examination, to the extent that he did not adversely affect the Defendant’s exercise of his right of defense.

600,000 won will be recognized if the investment is made.

Along with the 3.3 million won of the same day, a credit card was purchased from the injured party by pretending to purchase an article equivalent to the 3.3 million won of the same day, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Legal statement by the witness J;

1. The portion of the statement made by the witness H in the fourth public trial protocol;

1. Part concerning the statement of H in the second police interrogation protocol against the defendant

1. Statement made by the police with H;

1. A complaint;

1. An investigation report (in compliance with the complaint, submission of an application for registration of members, a list of sales slips, etc.), written payment, and a list of sales slips;

1. Original photograph of each payment note, each payment note;

1. Previous convictions: Reporting of previous convictions and results of confirmation, attaching the same records of the suspect, and applying the statutes of the same type of judgment;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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