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(영문) 전주지방법원 정읍지원 2015.05.19 2015고단147
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 19, 2014, the Defendant made a false statement to the victim F at a restaurant where it is impossible to know the trade name in the Gyeonggi City, which is located in the Gyeonggi City, the Defendant made a false statement to the effect that “The occupation is a franchise related to Arabic (IT) and if it makes an investment in China or developing countries, it would make an investment of KRW 10 million with it and guarantee the profits of KRW 4.5 million per month by making an investment.”

However, there was no intention or ability to earn high profits by making investments in shares, even though the defendant was in the position of the defendant at the time and did not receive investments from the victim because there was no reason to undermine the stock transaction once.

As above, the Defendant, by deceiving the victim and deceiving him/her from him/her as investment money, shall be KRW 5 million around June 19, 2014, and the same year.

7.2.4 million won, and the same year.

7.4.2 million won, and the same year.

7.23.4 million won, and the same year.

7. 24.1 million won was transferred in total to the Agricultural Cooperative Account in the name of the Defendant, and 11.5 million won was transferred, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of a trade application and a list of self-reliance deposits;

1. In light of the relevant legal provisions on criminal facts and the fact that the reason for sentencing under Article 347(1) of the Criminal Act of the choice of punishment is that the defendant deceivings a victim who is not sufficiently satisfyed as stated in its reasoning and defrauds money from the victim as investment money, the nature of the crime is not good, the victim's damage is not recovered, the victim's damage is not agreed upon, the victim wants to punish the defendant, the amount of fraud, the criminal record relationship of the defendant, and other various sentencing conditions stated in the argument of this case, the punishment shall be determined as ordered.

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