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(영문) 청주지방법원 2019.02.20 2018고단3122
사기
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1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around December 2015, the Defendants stated that “If the Defendants invested funds necessary to develop a program that can predict the winnings related to the sports soil, the Defendants would give the victim C a 1/3 of the profits by developing the program. First of all, the Defendants would purchase the core program first and then change the amount of KRW 20 million.”

However, even if the victim received KRW 20 million from the victim, the defendants thought that they will use them as living expenses, etc., so there was no intention or ability to use them for the purchase of the core program or to pay the proceeds to the victim.

On January 13, 2016, the Defendants received KRW 20 million from the victim to the corporate bank account (D) in the name of Defendant B for the purchase of the program.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Application of detailed review of the results of transfer management and certificates of deposit transaction records to Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) A of the Criminal Act: Defendant B: Article 347 (1) of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B’s order of provisional payment: The circumstances that are favorable to the defendant’s previous convictions including a suspended sentence under Article 334(1) of the Criminal Procedure Act: The defendants appear to be against their respective mistakes; the victim does not want the punishment against the defendants; the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and the circumstances before and after the crime are considered as a whole.

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