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(영문) 의정부지방법원 2017.11.28 2017고단845
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From January 2015, the Defendant operated a lottery room in the name of “D” in Sungnam-si, Sungnam-si.

On August 2015, the Defendant operated a lottery room in Seongbuk-gu, Sungnam-si, and exceeded the quarter of profit and loss in six months.

In order to expand the lottery protection project, it is planned to establish the lottery protection 2 in front of the Hanyang University, and if investment is made in the construction cost and the purchase cost of machinery extracted from sports soil necessary for the operation of the 2th unit, 50% of the operating profit of the 2 unit and 7% of the operating profit of the 1 unit prior to the establishment of the 2 unit unit.

The phrase “ makes a false statement.”

However, even if the defendant has received funds under the above name as above, he did not use it as the opening cost of No. 2 in the lottery bank, and was a plan to pay the defendant's debt or to use it as the operating cost of No. 1 in

On September 1, 2015, the Defendant, by deceiving the victim as above, received money of KRW 30 million from the victim to the SC Japanese bank account under the name of the Defendant on three occasions, from the victim, and acquired it by remittance as investment money.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A certified copy of the process deed (3,000 won);

1. Details of transactions on national banks;

1. Application of the statutes governing Kakao Stockholm letters;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month to ten years from the date of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] of Class 1 (a decision on the recommended area] (a decision on the recommended area] (a decision on the recommended area] [the scope of the recommended punishment] six months to one year and six months.

3. In light of the content of the instant crime and the amount of fraud, etc. in which the sentence is determined, the liability for such crime shall not be minor;

However, the defendant.

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