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(영문) 수원지방법원 여주지원 2019.10.14 2019고단630
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 2009, the Defendant stated that “Around August 2009, the Defendant would pay 1.5% interest per month in return for a loan to the victim B with the trade name of “B is engaged in credit business in G in the trade name of L.B. If the Defendant borrowed money through the credit business, the Defendant would pay 1.5% interest per month.”

However, in fact, the defendant thought that he will use it for stock investment with money from the victim, and did not intend to make profits from the credit business.

The Defendant received KRW 100 million from the victim to the E-Union account (F) around September 1, 2009, and received KRW 100 million around December 29, 2009 and KRW 150 million around July 6, 2010, respectively under the same name.

Accordingly, the defendant was delivered property by deceiving the victim three times.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of deposit transactions (A EF) and written confirmation of transaction;

1. Details of inquiries made by the President of the Account (A G securities H), and personal financial transactions (including deposits) (AJ);

1. A notarial deed or a receipt made without passbook;

1. Application of the Acts and subordinate statutes on payment orders;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.

3. Determination of sentence: The Defendant, in October, who received KRW 350,000,00 from the victim to pay money through credit business, and invested most of the shares, and thereafter, did not return a significant portion of the amount received by the victim. As such, the Defendant’s liability for the crime is not easy.

However, the defendant paid 90 million won interest and 150 million won principal to the victim.

b) the Commission;

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