(영문) 창원지방법원 마산지원 2020.04.21 2019고단950

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 마산지원 2020.04.21 2019고단950

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around March 20, 2019, the Defendant: (a) was not the president of the Company B; (b) was not the head of the Company B; (c) was not the Defendant intended to purchase and sell heavy equipment at the intermittent value; (d) was the victim’s own personal debt repayment and cost of living; and (e) was the victim’s “I are the president of the Company B; and (c) was in the case of selling the equipment to a foreign country through a certain set of sheet. If the Defendant was to sell the equipment to a foreign country, he may receive profits from the sale of the equipment to a foreign country. If the Defendant made an investment of KRW 20 million, the Defendant would have paid interest of KRW 40-5 million; and (c) the Defendant received money from the victim C to use it as his own personal debt repayment and cost of living; and (d) the Defendant received money from the victim’s total account of KRW 30 million from the Defendant on March 27, 2019.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A remittance statement;

1. Application of Acts and subordinate statutes concerning investigation reports (Attachment of details of transactions in suspect accounts) and DNA details of transactions;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of recommendations, six months to one year and six months.

3. Death sentence by public prosecutor: Imprisonment with prison labor for a year and six months.

4. The Defendant, who was sentenced to a sentence, by deceiving the victim who had a good-quality investment place, to acquire 50 million won by deceiving him/her as he/she had a good investment place.

The damage was not recovered, and the victim was not able to receive a letter from the victim.

After receiving money from the victim, there is a delay in paying the proceeds.

참조조문

-형법 제347조 제1항

유사 판례

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