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(영문) 수원지방법원 2017.07.14 2017고단219
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 25, 2013, the Defendant is a company with limited financial capacity to “AP” companies in foreign countries, at a mutually aesthetic office near subway stations located in Yangcheon-gu Seoul Metropolitan Government AM, and a victim AO is a company with limited capacity to “AP” companies.

There is a lot of money to make investments.

The amount of investment per old unit is 5,500,000 won for each 400,000 won for each month when making an investment, and the dividend will be paid until the amount reaches 10,000,000 won for each 1 unit.

The purpose of this paper was to make a false statement to the effect that it would be able to be able to take responsibility.

However, in fact, “AP” was not a company with sufficient financial capacity, and even if the Defendant received investments from the injured party, the Defendant did not have the intent or ability to normally invest in AP or to pay dividends.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 20,50,000 on April 27, 2013, KRW 500,000 on April 30, 2013, KRW 4 million on June 24, 2013, KRW 400,000 on July 5, 2013, KRW 180,000 on August 5, 2013, and KRW 21,30,000,000 on August 12, 2013, to the account in the name of Q Q, whose mother is the Defendant’s mother.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness AO and AR;

1. An investigation report (person under the nominal title of the immediately preceding account used by the person under investigation), investigation report (person under the nominal title of the immediately preceding account), investigation report (to hear the statements by a witness AT telephone), investigation report (to hear the statements by a witness AT telephone), investigation report (to hear the statements by a witness AV telephone), investigation report (to hear the statements by a witness AV telephone), investigation report (to hear the statements by a witness AW telephone), investigation report (to report by a witness AX telephone), investigation report, investigation report (to

1. Court rulings;

1. Application of Acts and subordinate statutes, such as transaction details;

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. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Article 62-2(1) of the Criminal Act, protection and observation of the community service order;

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