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(영문) 서울중앙지방법원 2018.01.25 2017고단5034
사기
Text

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

Reasons

Punishment of the crime

From June 4, 2014 to December 3, 2012 of the same year, the Defendant is the representative of the Section BC (State) that entered into an agreement on the joint venture between the Defendant and the Defendant to attract customers to the casino and to distribute the profits or losses of the customer.

On November 21, 2014, the Defendant contacted the victim D by telephone and paid at least KRW 10,000,000,000 per month when investing KRW 100 million in this project.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant was unable to obtain particular profits from the disease-related disease business at the time, and there was no intention or ability to pay KRW 10 million to the victim every month even if the Defendant received investments from the injured party, since the termination date of the contract that was set up within one month, and whether the contract was renewed with B after the expiration date of the contract that was set up within one month.

Nevertheless, the Defendant, as seen above, was transferred to the bank account in the name of the CF bank account in the name of the Defendant’s management, KRW 80 million on the same day from the victim, KRW 10 million on December 15, 2014, KRW 10 million on December 16, 2014, and KRW 100 million on December 16, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each protocol concerning the examination of the accused by the prosecution (including D's statement);

1. Statement made by the prosecution with regard to G;

1. B replys, H dialogues, details of remittances, and the application of statutes in writing of agreement;

1. The sentence shall be imposed by taking into account the relevant legal provisions regarding the crime, Article 347(1) of the Criminal Act regarding the choice of punishment, the extent of damage caused by the Defendant’s instant crime for the reason of sentencing of imprisonment with prison labor, the fact that the Defendant paid KRW 20 million to the Defendant, the fact that the Defendant has no record of having committed the same kind of crime to be considered to the Defendant, and the Defendant’s age, sex behavior, environment, family relationship, motive and consequence of the crime.

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