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(영문) 인천지방법원 2017.02.09 2016고단6852
사기
Text

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

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation and lives together with soup, souping, etc., and is a person who can contact only through Kakao Stockholm.

On February 2, 2015, the Defendant told the victim D to the "C" office located on the first floor of the building Nam-gu Incheon Metropolitan City building B in Gangnam-gu, Incheon, that "I would allow the victim D to receive interest of KRW 300,000 won per month if I would have worked as the head of the agricultural branch office in Gangnam-gu Seoul, Seoul, and Oi-gu will lend money to the Oi-gu, if I would have her own 5 million won if I would have borrowed money from Oi-gu to her own."

However, in fact, even if the defendant's pro-Japanese group did not run the corporate bonds business and received money from the injured party, it was thought that it will be used as living expenses, repayment of existing debts, etc., and did not have any intent or ability to receive the interest.

Nevertheless, on February 25, 2015, the Defendant received KRW 5 million from the victim who was in the victim’s possession of false horses, and received KRW 5 million from the Defendant’s account in the name of the Defendant, from that time to February 25, 2016, and received KRW 92.4 million in total from the victim D, E, and F in the same manner as shown in the attached list of crimes, from that time, through the same period of 14 times from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to D, E, and F;

1. Application of Acts and subordinate statutes, such as a copy of the transaction details, a copy of a loan certificate, a Stockholm message, each financial transaction data, an investigation report (Analysis of the transaction details of a suspect) and account transaction details;

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] are the types 1 (less than KRW 100 million) and the basic area (six months to one year and six months) [the person who is subject to special sentencing] of Article 37, Article 38(1)2, and Article 50 of the same Act.

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