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(영문) 창원지방법원 마산지원 2014.07.08 2014고단229
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around 2006, the Defendant became aware of the victim C who had been engaged in the game at the same place around May 2012, when the Defendant got a game in the Gangwon-do located in Gangwon-do, Gangwon-do, Seowon-gun, Seowon-gun, Seowon-gun, on behalf of other people, and lived in the money received in return, and sent the game as a researcher around that time.

On May 2012, the Defendant made a false statement that “If the Defendant lent money to the victim to change gambling to the casino, he may impose a large amount of money within a short period of time. If he/she lends money to the Na, he/she will be given a loan to gambling. It would be allowed to recover a large amount of money within a week, 10% of the principal will be recovered at a 15-day level, and 10% of the principal will be recovered to the interest and punished.”

However, as above, the Defendant did not have a certain amount of income while living in Gangwonland, and was liable for the 20,000 won or more for Hyundai Capital, etc., as well as for the Modern Capital, etc., and was thought to be used individually by using the money received from the victim, such as gambling at the Internet gambling site. Therefore, the Defendant did not have any intent or ability to fully repay the principal and interest to the victim.

On June 9, 2013, the Defendant: (a) by deceiving the victim; (b) obtained cash KRW 1 million from the Hanwon Islands around June 9, 2013 from the victim; and (c) obtained a total of KRW 48.6 million from around the above time to July 6, 2012, and acquired and acquired pecuniary profits equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement C to the Act

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] general fraud.

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