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(영문) 창원지방법원 진주지원 2015.10.21 2015고단468
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 10, 2013, the Defendant made a false statement to the effect that “The Defendant is preparing for films, providing two film scenario supervision, creating film scenarios, and distributing profits from selling them to distributing companies, first of all, the Defendant should establish a corporation and lease offices, and there is no initial capital.”

However, the Defendant did not have any record of film production, and did not secure film scenario supervision and scenario supervision, and at the time, the debentures and financial rights amounting to KRW 200 million, while the Defendant’s assets and financial rights amount to KRW 200 million are listed as credit bad traders due to the lack of certain assets or incomes owned by the Defendant, and thus, the Defendant did not have any intent or ability to create scenarios by establishing a film company even if the Defendant received money from the victims as investment money.

Ultimately, around July 12, 2013, the Defendant, by deceiving the victim as above, received 2 million won from the victim to the post office account under the name of the Defendant, and acquired 4,414,920 won in total on five occasions from that time to September 2013, as shown in the attached crime list, from that time, and acquired 4,414,920 won in total as investment money.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement among the suspect interrogation protocol of the defendant against the defendant

1. Statement to C by the police;

1. Application of the details of transactions, written statements of transactions, written statements of transactions, written statements of transactions, written statements of transactions, and copies of notarial deeds-related Acts and subordinate statutes;

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

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

1. The scope of sentence recommended on the sentencing criteria (a decision of type).

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