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(영문) 광주지방법원 2019.11.28 2019고단3803
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 23, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the wooden Branch of the Gwangju District Court, and the execution of the sentence was terminated to the Sejong Prison on August 8, 2017.

[2019 Man-Ma3803] The defendant is running 'C' in Magyang-si B on May 30, 2019 with the victim D's "E in Magyang-si B," and if he wants to discontinue the operation due to his intention, he must return the investment amount of the partner. If the investment amount is 30 million won, and if he invests 30 million won, he will give 7 million won as the profit on the 30th of each month, and if he fails to pay the profit, he will return the principal if he does not pay the profit." In light of evidence such as the statement of transactions, etc. on June 1, 2019, it is evident that " June 2, 2019" as stated in the indictment is a clerical error in writing of June 1, 2019.

In light of the evidence, such as the statement of transactions, etc. on June 2, 2019, it is clear that the “F. 4 June 2, 2019” written indictment is a clerical error in the “F. 2, 2019. 6. 2, 2019.”

10 million won was remitted to the same account.

However, the defendant did not have any intention or ability to return the profits or the principal even if he receives money from the victim as the name of the investment.

Accordingly, the defendant was given property by deceiving the victim.

[2019 Highest 4511] On May 17, 2019, the Defendant entered a secret number, which was aware of the victim’s residence, using any cres in the victim’s residence, and entered the house due to the control of sexual traffic crimes, and carried out cash (Korean currency and Kazastan) equivalent to KRW 3.5 million owned by the victim H and 1 million in cash (Korean currency and Kazastan), which the victim I stored in this cres, around 00:30,000 won.

Accordingly, the defendant intrudes upon the victims' residence at night.

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