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(영문) 수원지방법원 2017.08.17 2016고단7601
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

around June 2014, the Defendant called the victim C by telephone around South Korea, and, “The father, who is in office as representative director, manufactures the automobile parts and supplies them to the automobile manufacturing company, has much more excellent performance than E.

At the time, the father stated that the transaction of stocks was immediately commenced and listed as soon as possible in the transaction of stocks.

(d) Investment in stocks outside the company’s country. In the event of investment in money, the company made a false statement that it will return the principal and 10% of profits after two months.

Accordingly, the victim transferred to the defendant KRW 20 million on June 10, 2014, KRW 30 million on the 13th day of the same month, KRW 16.2 million on the 16th day of the same month, KRW 20 million on July 17, 2014, KRW 20 million on the 22th day of the same month, and KRW 30 million on the 22th day of the same month.

However, even if the defendant received money from the injured party, he did not have any intention or ability to make investment in D(State) shares through the referring, and there was no intention or ability to allow the injured party to receive 10% profits through the said investment.

As such, the Defendant, by deceiving the victim, was given a total of KRW 120 million from the victim five times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. The accusation sheet, a record of conversations between Messen and Messenssen, and details of trading money;

1. A report on investigation (a written statement appended to a criminal complaint);

1. Application of Acts and subordinate statutes to a report on investigation (Submission of suspect data);

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1060, Oct. 1 to 2008) (amended by Presidential Decree No. 2000, Oct. 21, 2008) (amended by Presidential Decree No. 2000, Oct. 21, 2006) (amended by Presidential Decree No. 2010, Feb. 21, 2006) (amended by Presidential Decree No. 2010, Feb. 22, 20

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