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(영문) 서울동부지방법원 2016.03.24 2015고단1735
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 201, the Defendant had the victim B take over the department store in China at the coffee shop where it is impossible to know the trade name near the hill station in Gangnam-gu Seoul around March 201, and the Defendant had the victim receive the department store in China, and was well in the business, and did not pay the money to the stocks.

The General Guarantee of Unconditioned Principal made a false statement to "Irre and D with the money that has been reduced."

However, the defendant did not have the intent or ability to pay profits even if he received money from the injured party under the pretext of stock investment, and he operated the money.

C Company has had no intention or ability to guarantee the principal due to the difficulties in management.

The Defendant, as such, by deceiving the victim, received KRW 8 million from the victim, to the account in the name of D around March 24, 201.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A complaint;

1. Application of the Act and subordinate statutes regarding requests for details of transactions not requested;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to one year and June, the basic area (up to one year and six months) of Class 1 (up to one year and six months) - None of the persons subject to special sentencing:

3. Determination of sentence: 8 months of imprisonment and 2 years of suspended sentence shall not be deemed to reflect the crime by denying the criminal intent of defraudation, etc., and they shall not have received a letter from the injured person;

However, the Defendant did not have any criminal record in addition to being tried to commit another crime in the same time as the instant crime, and was sentenced to a fine in 2001 and 2002 due to a violation of the Labor Standards Act.

Of the amount of damage 8 million won, 1.5 million won was returned to the victim.

These circumstances and the defendant's seal.

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