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(영문) 서울동부지방법원 2015.03.13 2014고단3142
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 2008, the Defendant made a false statement to the victim C that “The Defendant would purchase a three-story shop building near the rock station, and would pay the principal and 30% interest after two months after the investment of the purchase cost of the building.”

However, the defendant did not have the intention or ability to purchase the above building, and even if he received investment money, he thought to use it for other purposes.

As above, the Defendant, by deceiving the victim as above, received KRW 14 million in total from the victim on March 2008, under the pretext of investment money, as the sum of KRW 55 million in total, and KRW 20 million in total, on April 1, 2008.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports (Submission of data, such as passbook remittance details);

1. The grounds for the sentencing of Article 347(1) of the Criminal Act [the scope of recommending punishment] under Article 347(1) of the Criminal Act, which covers the pertinent provision of the relevant criminal facts and the choice of punishment [the scope of recommending punishment] and Article 1 of the General Fraud (the period of less than 100 million won) (the period of six to one year and six months) [the decision of sentencing] are having been sentenced to imprisonment for eight months (the decision of sentencing]. There are no criminal records of the same kind or of the suspension of execution. There are no criminal records of the same kind

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