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(영문) 의정부지방법원 고양지원 2015.12.23 2015고단3130
사기
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud described in one year in the crime sight table shall be acquitted.

Reasons

Punishment of the crime

On June 10, 2008, the Defendant made a false statement to the effect that “A victim C, who is the motive of the Defendant’s university, was in service as the team leader of the investment company “D” by posting a telephone to the victim, who is the motive of the Defendant’s university, and there is a good investment product, and would give B a high profit upon making an investment.”

However, at the time of fact, the defendant did not work as the team leader of the investment company, and even if he did not receive the investment money from the victim because he did not have any occupation, he did not have the intent and ability to pay it.

As such, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the Defendant’s bank passbook (Account Number E) under the pretext of investment money, and acquired it by deceiving all five times from the above date and time to March 18, 2009 through the above method, including the transfer of KRW 76,30,000,000 from the victims through the above method, as stated in the attached Table No. 2 through No. 6 of the List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning the examination of the accused by the prosecution;

1. Statement of each police statement related to C and F;

1. Application of Acts and subordinate statutes to a investigative report (Attachment to a detailed statement of withdrawal and trading);

1. Article 347(1) of the Criminal Act (including Article 347(1) of the Criminal Code No. 4 and 5) and choice of imprisonment with prison labor for the crime;

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment]: In light of the fact that the basic area of category 1 (less than KRW 100,00) (6 to 16 months) (the decision of sentencing) (the term “decision of sentencing”) does not peep the circumstances in which damage was recovered even though the amount of damage was not significant, the defendant abused the personal relations with the victims, and the defendant has fled for a long time, it is inevitable to sentence sentence.

In the past, there is no past penalty power that the defendant shows his or her opposite base, and the gender, age, and age of the defendant.

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