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(영문) 울산지방법원 2016.05.16 2015고단2679
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant around February 7, 2014, the victim E who was introduced from the Gwanak-gu Seoul Special Metropolitan City building C, No. 1204, and D is trying to engage in merchandise coupon sales business in Ulsan.

In this case, it stated that the monthly income will be 10%, and the principal will be returned after six months.

However, in fact, the defendant did not have any deficit in the gift certificate trading business, and the tea office for the sale of gift certificates in Ulsan did not serve as a funeral, and the door was closed. The debt was not specified, and the above business can begin only when it was extended to KRW 30 million to KRW 30 million or KRW 300 million from other people. Even if the defendant received money from the injured party, he did not have any intent or ability to pay the principal and interest by selling gift certificates business as above, even if he borrowed money from the injured party, since he did not have any intent or ability to pay the principal and interest.

Nevertheless, the defendant deceivings the victim as above, and acquired the victim with four copies of 10 million won and 10 million won of the check from the victim as the investment money for merchandise coupon trading business in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on increase in cash storage and details of transactions;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (2) of the same Act, even if the victim had been already punished twice, is not less than the liability for the crime of this case, but the victim does not want the punishment of the defendant in agreement with the victim, and various circumstances, such

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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