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(영문) 대전지방법원 2016.08.24 2016고단1450
사기
Text

In the case of the crimes No. 1 through No. 4 of the List of Crimes in the attached Form 1 of the judgment of the defendant, the attached Form 1 and 6 shall be sentenced to imprisonment.

Reasons

Punishment of the crime

On June 10, 2015, the Defendant was sentenced to a suspended sentence of six months for special larceny by the Daejeon District Court on June 10, 2015, and the judgment became final and conclusive on June 18, 2015, and is currently under suspended sentence.

Criminal facts

On July 21, 2012, the Defendant made a false statement to the victim E, “The ginseng dry field of three-year neighboring years in the Yaeong-gun of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant purchased the ginseng in the said nivery field and made it possible for the Defendant to share the profits of KRW 37,00,000 in the five-year neighboring ginseng.”

However, in fact, the Defendant did not pay KRW 100,00,000 from the bond business operator at the time, and was urged by the bond business operator F to pay the above bonds, and even if he received the money from the victim, he did not have the intent or ability to pay the principal of the investment and profit to the victim.

Nevertheless, the defendant received 37,00,000 won from the injured party on the same day.

In addition, the Defendant received a total of KRW 346,54,00 from the victims seven times in total, from the same place from November 20, 2015, as shown in the list of crimes in the attached Table.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, E, and H;

1. An investigation report (a copy of a contract and a book), an investigation report (a copy, etc. of the contract in the same industry), an investigation report (a document for account transfer);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to suspect special larceny judgment) and other Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, each of the suspended execution;

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