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(영문) 광주지방법원 2018.09.07 2018고단2033
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[The records of concurrent crimes after Article 37 of the Criminal Code] The defendant was sentenced to imprisonment with prison labor for ten months at the Gwangju District Court on April 19, 2018, and the above judgment became final and conclusive on April 25, 2018.

[2] The Defendant conspired with C on November 201, 201, introduced the Defendant to the victim D as a real estate auction business entity with a large amount of money in collusion with C, and the Defendant knows that “the building having good investment value is known” to the victim.

b) will return a lot of profits by making investments in the building if the investment is made to B.

“A false representation was made.”

However, the defendant was not a real estate auction business, and the defendant and C did not know the building of high investment value, and even if they received investment money from the injured party, they did not have the intent or ability to return the principal as well as the interest to the injured party.

A defendant and C, as above, had the victim enticed and delivered 66 million won to the Agricultural Cooperative Account (E) account in the name of the defendant on November 9, 201, under the name of the victim, for investment, around November 22, 201, received KRW 30 million from the said account for additional investment in around November 22, 201, and received KRW 20 million from the said account for additional investment in December 2, 201, and received KRW 16 million in total on three occasions in total.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the certificate of remittance confirmation (66 million won on November 9, 201) or a copy of the passbook of the Gwangju Bank;

1. Previous records of judgment: Application of a copy of the text of judgment (No. 17 of the evidence list), investigation report (a suspect's records of concurrent crimes after Article 37 of the Criminal Act, etc.);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, provided that Article 39(1) of the Criminal Code (the crime of judgment and the first head of judgment that became final and conclusive.

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