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(영문) 서울중앙지방법원 2018.08.22 2018고단2305
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant around July 1, 2015, at the location of the defendant's office near the Gangnam-gu Seoul Metropolitan Government's office, "it is scheduled to open the shopping mall of adult products online from the Internet, and if it makes an investment of 20 million won, 10% of the sales amount shall be guaranteed as the minimum amount of 2 million won for three months, and the principal shall be repaid without a framework of one year.

“A false statement was made to the effect that it was “.”

However, in fact, even if the defendant received money from the injured party, he thought that he will use the money for other purposes, and there was no property or income available at the time, and there was no intention or ability to guarantee the profits of shopping mall or to repay the principal to the injured party according to the promise.

On July 1, 2015, the Defendant, by deceiving the victim, received a total of KRW 20 million, including KRW 19.99 million and KRW 10 million in cash from the one bank account (F) in the name of the Defendant on July 1, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the police with regard to D, a detailed statement of account transactions, and a fair deed;

1. Written complaint filed by D and E joint management contract;

1. Application of Acts and subordinate statutes to a criminal investigation report (in the event of failure to perform a suspect's account transaction promise), details of account transactions, investigation report (to hear statements by phone and submit data), Kakao Kakao scaro scaro scaro scaro photographs, and investigation report (to hear statements by phone

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] In general fraud [Article 62(1) of the Criminal Act], there is no basic area (from June to one year and six months] [Judgment of sentencing] [Article 62(1) of the Criminal Act] [Article 62(1) of the Act on the Suspension of Execution [Article 62(1)] [Article 62(1) [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution] [Decision of Sentence]].

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