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(영문) 인천지방법원 2015.03.26 2015고단769
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On February 17, 2011, the defendant was released on August 14, 2012 and passed on January 2, 2013 while he was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Incheon District Court.

On October 30, 2014, the Defendant concluded that “E” in the “E” operation of the victim D in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, would return 10% profits to the said victim’s investment principal after several days if he/she made an investment to the director of the Korea Asset Management Corporation.”

However, the fact is that the defendant did not have worked as the assets management corporation, and it was thought that he would use the money received from the victim as repayment of debts, living expenses, and purchase expenses of sports earth, so even if he received money from the victim, he did not have the intention or ability to pay the principal and profits.

As above, the Defendant, by deceiving the victim and receiving 5.75 million won from the victim’s bank account in the name of F to the bank account in the name of F, and, as described in the attached list of crimes, acquired a total of 2.3 million won from the date and time to December 31, 2014 and acquired the money by transfer from the victim to the total of 48 billion won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (in cases of attaching photographs to the Kakao Stockholm dialogue course sent and sent by the complainant and the defendant);

1. A copy of a bankbook;

1. Records before and after judgments: Application of criminal records, reply reports (A), investigation reports ( current status of personal identification and confinement, and judgment related to repeated crimes) and statutes;

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

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] is general fraud (the amount of KRW 100 million or more, and the amount of KRW 500 million). In the event that serious damage to the victim is caused by the special aggravation area (2 years to 6-9 years) (2 years and 48 years), the victim committed each of the crimes of this case over 48 times during the period of the same repeated crime (decision of sentence], and most of the fraud amount.

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