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(영문) 수원지방법원 2020.08.20 2020고단3112

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

Around July 2019, the Defendant concluded that “Around 15 years of internal auction, and where 10% of the down payment has been invested, the Defendant made an investment by half of the down payment, as profits from KRW 3 to 40 million have been generated after three months.”

However, even if the defendant received money from the victim, he did not have the intention or ability to use the defendant's funds for auction, and was thought to use it for repayment of obligations to other creditors.

Nevertheless, the Defendant made a false statement as above, and then acquired KRW 2,00,000 from the victim on July 23, 2019, KRW 4 million on August 1, 2019, KRW 1500,000 on August 21, 2019, KRW 700,000 on October 14, 2019, KRW 520,000 on October 25, 2019, KRW 60,000 on August 6, 2019, and KRW 1870,00 on November 14, 2019, by receiving KRW 2,0870 from the Defendant as the Defendant’s community credit cooperative account.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the police with regard to C, a written complaint, a detailed statement of deposit transactions attached thereto, a investigation report (the contents of conversation submitted by the complainant) and attached documents, a Stockholm photographs, etc., a criminal investigation report (the contents of investigation into the details of the account transaction) on text messages, a criminal investigation report (the contents of the account transaction report by the suspect)

1. Application of Acts and subordinate statutes to a report of investigation (the monetary content with D);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [type 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Based on the above sentencing criteria, the following conditions and the conditions of sentencing indicated in the records, such as the defendant's age, character and conduct, environment and circumstances after the crime are committed.