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(영문) 서울중앙지방법원 2015.01.07 2014고단8922
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 2012, 2012, the Defendant made an investment in shares from the victim O, who is his own will through the Defendant’s friendship G with the Defendant, to the extent of 20 billion won, and made a large amount of profits through so-called “operating investment”, and made a false statement that the Defendant would make an investment.

However, the fact is that the Defendant was liable for a lending company, etc. due to a failure to invest in stocks, and there was no special property or income, and there was no investment by the so-called "operation," and the relationship was used for the Defendant's living cost, the payment of investment proceeds to the victim, etc., and there was no intent or ability to pay profits or guarantee principal through investment in stocks.

As such, the Defendant, by deceiving the victim and deceiving him/her through G, received a remittance of an amount equivalent to KRW 40 million on August 24, 2012 from the victim (38 million won is directly remitted, and the remainder of two million won is offset against the Defendant’s obligation to pay KRW 2 million to G), and thus, it is obvious that it is a clerical error on December 10, 2012, and thus ex officio correct ex officio.

Until now, the total amount of KRW 110 million was remitted over four occasions, such as the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including respective statements made by the G or theO);

1. Statement of the police statement concerning theO;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (Submission of suspect G details of transactions);

1. The grounds for sentencing [the scope of recommending punishment] of types 2 (not less than 100 million won, less than 50 million won) of general fraud [the decision of sentencing] of the basic area (one to four years) [the decision of sentencing] of the damaged amount to 110 million won, and the damage has not yet been recovered, in light of the fact that the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act on the matter of crime and the selection of punishment (the choice of imprisonment with labor), the sentence on the defendant is inevitable

However, the defendant generally repents his mistake.

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