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(영문) 의정부지방법원 2018.04.17 2018고단863
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 19, 2015, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the method of Suwon, and the execution of the sentence was terminated at the Suwon detention house on June 25, 2015.

On January 2016, the Defendant is running a business of constructing Cheongju-si Yaea to the victim X.

If a person makes an investment in money in the above project, he/she made a false statement to the effect that he/she will pay 20% of the monthly profit and guarantee the principal.

However, on or around January 4, 2016, the Defendant had agreed to newly construct Z, AA, the owner of Y land, and to pay 350 million won the land price to the Z and AA husband and wife by selling the Z and selling the Z and AA husband and wife by bearing the total cost of new construction of YG on the above land. However, even if the Defendant was to use most of the money for the purpose unrelated to the above YG construction project, such as the Defendant’s personal debt, even if having received an investment, there was no intent or ability to pay the said money as agreed upon even if having received an investment.

Accordingly, the defendant deceivings the victim as above, and thereby, the defendant 20 million won on January 20, 2016 through the one bank account under the name of the defendant from the victim;

1. A total of KRW 30 million, which was remitted and acquired through deception, was 27.1 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to X-A;

1. Kakao Stockholm dialogue, mobile transfer details, and implementation notes;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The defendant for the reason of sentencing Article 35 of the Criminal Act for aggravated repeated crimes is five times, and the criminal records are two times, and the criminal records of this case are also crimes committed during the period of repeated crimes due to fraud, and it is inevitable to sentence the defendant as to the crime.

However, the repayment of the victim's KRW 15 million to the victim, and all of the crimes of this case.

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