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(영문) 서울동부지방법원 2018.06.21 2018고단1338
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2016, the Defendant purchased c operation D offices located in Songpa-gu Seoul building 2103, Songpa-gu Seoul Metropolitan Government building 2103, “D has purchased c operation c operation D with c operation D factory in the C operation D office, and supplies it to the Korean F and China's duty-free shops.

If 40 million won is invested, 10% of the total monthly income will be paid.

“The phrase “ was false.”

However, even if the defendant received an investment from the injured party, he only intended to consume it as an individual name, and he did not have the intent and ability to pay every month profits to the injured party by executing it as a project cost, such as the purchase of a foundation for the public health care.

Nevertheless, on October 6, 2016, the defendant deceivings the victim as above, and acquired a total of 40 million won (36 million won is delivered as a check, and the remainder of 4 million won is transferred to H company bank account (I)) from the victim who is affiliated with it.

Summary of Evidence

1. Statement by the defendant in court;

1. The part concerning each of the statements C, H and E in the suspect interrogation protocol against the defendant

1. Statement made by the police for E;

1. Application of statutes on contracts, details of accounts of H H companies bank accounts, payment of money, and personal account details under the name of the accused;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: Consideration of various circumstances that form the elements for sentencing of the instant case, such as the Defendant’s age, sexual behavior, environment, etc., given that the amount of damage is divided and reflected in his/her mistake, that part of the amount of damage is repaid and agreed with the victim; that there is no past record of criminal punishment;

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