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Reasons
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(영문) 서울동부지방법원 2015.08.21 2013고단1563
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around May 2011, the Defendant made a false statement to the victim B, stating, “The principal will be guaranteed, and the dividend of 1.25% per month will be paid regardless of the profits and losses, because the Defendant makes an investment in the system program that makes an investment in the domestic computer program, and a large amount of funds is invested.”

However, even if the victim received investment funds, it was thought that it was used individually against the purpose such as the payment of dividends to other investors without making an investment in the system program.

As such, the Defendant, by deceiving the victim and deceiving the victim, KRW 10 million from the victim on July 12, 201, KRW 25,000,000 on July 12, 201, KRW 18,000 on July 28, 200,000 on July 28, 201;

9.7. 20 million won, a total of 60 million won, which was remitted to the account (C) in the name of the defendant in the name of the defendant, was acquired through deception.

Summary of Evidence

1. The first and second statements made to the accused in part of the interrogation protocol of the prosecution (including the statements made in B among the interrogation protocol of the first interrogation protocol);

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on investment agreements and detailed statement of suspect account transactions;

1. The punishment shall be determined as per the order, comprehensively taking into account all the circumstances of sentencing indicated in the records, such as the following: Article 347(1) of the relevant law regarding criminal facts; Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; the reason for sentencing selecting the sentence of imprisonment is the primary offender; the damage is not recovered; the scope of the recommended sentence according to the sentencing guidelines; the defendant’s age, character and conduct, environment and progress of trial

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