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(영문) 서울중앙지방법원 2016.09.29 2016고단2986
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 30,280,000 won to the applicant for compensation. The above compensation order shall be issued.

Reasons

Punishment of the crime

On October 2013, the Defendant came to know with the victim B and the online game.

On December 7, 2015, the Defendant told the victim to the effect that “A business is planned to import a bank, clock, and fright in China and sell it to the victim in the Republic of Korea” at the store of mutual influence near the wife population C, and that “I will divide the shares if the investment is made in this business, and will pay more than twice the amount of the investment.”

However, the Defendant did not have any other income, and as the Defendant planned to use the money received from the injured party for his personal living expenses, there was no intention or ability to pay the profit even if he received the investment money from the injured party.

Nevertheless, on December 7, 2015, the Defendant deceivings the victim as above and transferred KRW 1,00,000 to the account of the Defendant’s name of bank from the victim.

In addition, the Defendant, from that time until April 7, 2016, by deceiving the victim through the same method 27 times, and obtained a total of 30,280,000 won from the damaged person, as shown in the list of offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the specifications of deposit transactions and the specifications of transactions in Korean banks;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 31 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Order [Scope of Recommendation] In general fraud [Article 31] There is no basic area (from June to one year and six months] [Judgment of sentencing] [Judgment of sentencing] [Article 31, the same sentence as the disposition shall be imposed in consideration of the following circumstances and the defendant's age, sex, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the circumstances attached to the sentencing as shown in the argument of this case.

The favorable circumstances are confessioned and reflectd.

(b) criminal records of the same kind;

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