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(영문) 대전지방법원 2018.09.06 2018고단2663
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, on March 2016, at the point of “E” located in Daejeon-gu, Daejeon-gu, which was operated by the Victim C on March 2, 2016, started the Defendant’s “E” processing business with a person with multimon processing technology. The Defendant may reduce the amount of KRW 1 billion with profits when investing business funds.

“.....”

However, the defendant did not have a plan to start the Montreal processing business at all, and he thought that he would receive investment money from the injured party and consume it as personal living expenses.

On March 8, 2017, the Defendant received KRW 185,400,00 from the injured party in cash through 15 times as shown in the List of Crimes, from the time when he received cash KRW 6 million from the injured party during the middle of March 2016, and acquired KRW 185,40,00 from the injured party through 15 times from the time when he received cash payment from the injured party in the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (verification of sources of money), an investigation report (Comparison between the date and time of remittance of the amount of damage and the details of entry or departure);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347(1) of the Criminal Act regarding criminal facts, Article 347 of the Criminal Act regarding the choice of punishment, and Article 347(1) of the Criminal Act, the amount of damage caused to the grounds for sentencing

Other punishment shall be determined in consideration of reflectivity, the relationship with the same criminal records (one time a suspended sentence of 2004), etc.

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