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(영문) 수원지방법원 2015.04.29 2014고단6492
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 25, 2014, the Defendant was sentenced to six months of imprisonment for embezzlement at the Suwon District Court, and the judgment became final and conclusive on September 26, 2014.

The Defendant, around September 13, 2012, sells the stocks of the Rob system to the principal or more through IBK Securities Company Staff and I of the personal list of individuals in the entertainment entertainment bars in the name of "G" in the F hotel underground located in Gangnam-gu Seoul, Gangnam-gu.

The amount of street funds, such as entertainment expenses, is changed as it is necessary to pay street funds.

If the plan is not in accordance with the plan, money will be refunded.

10,000,000 won in cash at tin in false and in other words, the same year;

990,000 won to the account in the name of J 17. The same year

9. 20. 20. 16 million won in the same account, and the same year.

9.21. A total of 43.99 million won was delivered to the same account, including the transfer of 3 million won.

However, even if the defendant received the above money from the victim, the defendant did not have any intention or ability to sell the waterway system shares more than the principal.

Accordingly, the defendant acquired 4,399,000 won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. A detailed statement of transactions of inputs;

1. Previous convictions indicated in judgment: References to criminal records, written judgments, etc., previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Circumstances to be taken into account, such as the fact that the defendant acquired the reason for sentencing under Article 62(1) of the Criminal Act, the fact that the defendant had been punished by occupational breach of trust and fraud, etc., the damage was restored by considerable efforts of the defendant, thereby making it smooth to agree with the victim, the need to consider equity with the case where the judgment becomes final and conclusive at the same time as the crime of embezzlement, and the fact that the defendant recognized his mistake.

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