(영문) 대전지방법원 2016.03.16 2014고단949 (1)

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(영문) 대전지방법원 2016.03.16 2014고단949 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2011, the Defendant, at the D hotel coffee shop located in Pyeongtaek-si C, would set up a game machine in which the inside of the State does not conflict with the law, and operate the game site, which would be 50% of the principal and 10% of the profits after the two months.

“......”

However, even if the Defendant received an investment from the injured party, the Defendant operated the game room and returned the principal of the investment to only one to two months, or did not have the intent or ability to pay the profits from the investment. Such words were false.

Therefore, the Defendant: (a) by deceiving the victim as such; (b) received, around March 10, 201, a total of KRW 15 million in face value at the coffee shop, and KRW 15 million in face value; and (c) received, at the same place around April 28, 201, a total of KRW 15 million in face value as the check before the victim at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the witness E in the second public trial records, and entry of the witness F in the third public trial records;

1. Each police statement made to E and F;

1. Details of transactions by receipt period;

1. Application of Acts and subordinate statutes to the list of check tracking results, list of check tracking results, investigation report (verification of the place of check monitoring);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the range of the recommended punishment [the range of the recommended punishment] according to the sentencing guidelines (the amount less than KRW 100 million): In the event that the victim is fully responsible for the occurrence of a crime or the expansion of damage (the scope of the recommended punishment] and one month to one year (the area of mitigated punishment);

2. The decision of sentence shall be made in the same way as the decision of sentence has been made, but the damage has not been recovered and the decision has escaped during the trial, etc.; and

참조조문

-형법 제347조 제1항

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