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(영문) 창원지방법원 2016.05.17 2016고단276
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Criminal facts

In around 209, the Defendant, a insurance customer, was aware of the meaning of “the person who escaped from North Korea,” and was aware of the term “the person who begins his life at a new base” instead of the term “the person who escaped from North Korea,” was aware of the fact that he had made an investment in cash against another newter who was aware of through D, thereby deceiving him as if he would return high-amount interest, including the principal, to acquire money.

On October 31, 2012, the Defendant made a false statement to the effect that he would return the principal to the victim E after one year, and that he would pay the interest on the third side of each month, if he made an investment in the amount of KRW 20 million to the victim E through D.

However, in fact, the defendant was a plan to pay interest to the existing investors, including the above victim, in the form of preventing personal use and return of the card price by receiving money from the above victim, and there was no intention or ability to return it to the above victim.

The Defendant, as such, by deceiving the above victim, received 20 million won from the above victim under the same day of investment.

In addition, the Defendant, from around that time to October 16, 2014, acquired a total of KRW 150 million from five victims by the same method, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the F, E, G, H, I, D, and J;

1. Application of Acts and subordinate statutes to each written complaint (including each accompanying document);

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations] [the grounds for sentencing under Article 38(1)2 and Article 50 of the same Act] are types 2 (not less than 100 million won, but less than 50 million won) and the basic area (not more than August through April 4): No person who does not have any person subject to special sentencing [the decision of sentencing] at one level as a result of combined crimes of the same kind of competition [the details and methods of the crime, the amount of damage, the frequency of the crime, confession, and contradiction

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