(영문) 광주지방법원 2015.11.18 2014고단3729 (1)

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(영문) 광주지방법원 2015.11.18 2014고단3729 (1)

사기

Text

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

Reasons

Punishment of the crime

At the time of November 2013, 2013, the Defendant: (a) was personally liable for card payments worth KRW 70 million; and (b) did not invest in a proper business after receiving money from many people; (c) did not create profits; (d) had been engaged in soliciting new investors to pay the principal and interest to existing investors; and (e) had continued to increase the overdue debt and paid a refund to approximately KRW 400 million; and (e) even if the Defendant received money from the victim C, the Defendant could not pay a high interest rate of 10% per month and could not guarantee the principal.

Nevertheless, around November 19, 2013, the Defendant received KRW 10 million from the victim C to the account of the account of the account of the account of the account holder of the FF on the same day from the victim, and acquired it by transfer from the victim, on the same day. In the event that the Defendant invested KRW 10,000,000,000,000,000 from the account of the account holder of the account of the account holder, the principal shall be paid at the intervals of one week. The principal may be guaranteed. The principal may be transferred to the account of the account holder of the FF on the same day.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of the police examination of the accused (including the second and second examinations of the accused);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on account transactions with victims;

1. The relevant legal provisions on criminal facts and the reason for sentencing of Article 347(1) of the Criminal Act (Selection of Imprisonment) [the scope of recommending punishment] The grounds for sentencing of Article 347(1) of the Criminal Act / [the scope of recommending punishment] There are no basic areas (6 to 1 year and 6 months) of types 1 (less than KRW 100 million) [the decision of sentencing] [the decision of sentencing] a defendant paid 5,00,000 won out of the amount of damage, which is half of the amount of damage. However, although the defendant was sentenced to a suspended sentence of imprisonment for a crime under the same Act on December 9, 2010, the defendant was found to have been sentenced to a prison sentence for a crime under the same Act on December 9, 201,

참조조문

-형법 제347조 제1항

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