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(영문) 춘천지방법원 원주지원 2019.01.09 2018고단1103
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 25, 2016, around February 24, 2016, the fraud Defendant made a false statement to the victim “a business making an investment in life insurance and making profits,” to the victim within the D office of the victim C’s operation in the Won-si, Seoul-si. The Defendant would guarantee 60% of the profits of 60% on the face of the week.”

However, in fact, the Defendant did not carry out the above business, and there was no intention or ability to pay the above investment profits because the Defendant thought that the Defendant would receive money from the victim and use it for the cost of living.

As above, the Defendant, by deceiving the victim as above, received KRW 22 million from the victim on February 24, 2016 and KRW 22 million on February 25, 2016, including KRW 20 million around February 25, 2016.

2. On February 4, 2017, around February 4, 2017, the defrauded made a false statement to the effect that “The Defendant is engaged in a business that pays profits by returning USD 30 to F entered a foreign country” to the victim within the “F” located in Kuju-si, Nowon-si. The Defendant made a false statement to the effect that “The Defendant will guarantee the principal of the investment and guarantee the profits of 30 to 40%.”

However, in fact, the Defendant did not carry out the above business, and there was no intention or ability to pay the above investment profits because the Defendant thought that the Defendant would receive money from the victim and use it for the cost of living.

As above, the Defendant deceivings the victim as above, and thereby, from the victim who is under its jurisdiction 2017

2. D. 1.5 million won, 2.5 million won around February 4, 2017, and 4 million won in total as investment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act provides that the defendant has the same criminal history, and each of the crimes of this case shall be committed against the defendant, such as the nature of the crime and the fact that the crime is grave in light of methods and results thereof;

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