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(영문) 창원지방법원 통영지원 2017.05.31 2017고단313
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 9, 2015, the Defendant collected money from the victim B, who was a senior high school, to invest in the land.

The direct board shall take place on the sctune surface, which has a lot of neighboring land values.

There are many people who make an investment in the land, and there are many people who make an investment with a loan because there is no money.

Loans and interest for investment in installments may be repaid within one year.

During the repayment period, the Plaintiff made a false statement that the Plaintiff will pay the monthly living expenses in proportion to the shares of the investment amount if the land is sold later.

However, in fact, the defendant did not have invested in the land in the virtue of virtue, and was thought to use the land as living expenses with money from the injured party, so there was no intention or ability to pay the principal and the profits to the injured party.

Nevertheless, the Defendant, as such, received a total of KRW 24,267,90,00 from September 9, 2015 to August 31, 2016, including from the time when he/she received delivery of KRW 5,00,00 from the injured party, by deceiving the victim as such, and received delivery of KRW 24,267,90,00 in total on six occasions as indicated in the list of sights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes of the complaint and the details of savings deposit transactions (e.g., reporting of default (m. and loan), requests (e.g., reporting of transaction details), identification of transaction details, certificates of deposit confirmation, receipts, three copies of receipt, receipt of deposit confirmation, and statement of transaction by account (IBK Bank).

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. One month to ten years from the date of imprisonment with prison labor for a prison labor in the range of applicable sentences; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud.

3. The third financial power shall be applied to the victim in order to obtain money from the injured party.

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