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(영문) 광주지방법원 2016.09.23 2016고단2385
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 30, 2014, the Defendant returned the amount of KRW 100 million including the profit of KRW 50 million to the victim E and F to the victim E and F in the Seoul, Seo-gu, Seo-gu, 102 Law Firm D office around May 30, 2014.

The phrase “ makes a false statement.”

In fact, the Defendant was unable to secure sufficient investment funds necessary for the construction of the Leecheon Logistics Center in a situation where the financial status of the company operated at the time was not good and there was no particular property or income, and even if he was paid investment funds from the victims, he did not have the intent or ability to make profits up to twice by investing them in the Leecheon Logistics Center.

The Defendant received KRW 100 million in total from the victims to the Agricultural Cooperative (G) account in the name of the Defendant in the name of the victims as an investment in the construction of the Leecheon Logistics Center on the same day.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement of each police statement made by the victims;

1. Application of each of the Acts and subordinate statutes stated in each process deed, copy of passbook, details of remittance of Korean currency investment securities, and copies of confirmation of remittance of Gwangju Bank;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, the relationship between the defendant and the victims, and the scale and method of the crime are heavy.

The defendant has been sentenced to a fine of three times.

However, there is no criminal record of the same kind, and the victim F has cancelled the complaint against the defendant with compensation for the damage, and the defendant is only 25 million out of the amount of damage E.

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