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(영문) 인천지방법원 2013.03.07 2012고단11129
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 12, 2012, the Defendant made a false statement to the victim D, “The Defendant would give 50% of the investments that may be punished by money through an auction of real estate, and if profits accrue, 50% of the profits.”

However, in fact, the defendant did not have the intent or ability to invest the money received from the victim in the auction of real estate, and there was no real estate auction case to invest in the real estate at the time, so it could not make profits, and tried to invest the money received from the victim in the entire futures option.

Accordingly, the Defendant, by deceiving the victim and deceiving the victim from the victim on July 12, 2012, transferred the amount of KRW 15 million on July 12, 2012, KRW 13 million on July 25, 2012, and KRW 83 million on August 23, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant is led to the confession of the crime and the mistake is visible, that the victim does not want the punishment of the defendant in agreement with the victim, and

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