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(영문) 대구지방법원 서부지원 2015.12.24 2015고합134
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

In February 2009, the defendant was aware of the victim C through the introduction of the branch in order to obtain money from the victim as investment money because there is no particular property and income in May 2010 and it is difficult to raise two children alone due to the lack of any particular property and income.

On May 28, 2010, the Defendant made a false statement that “When a person D makes an investment in a store to acquire G clothing stores in the vicinity of the Fitter in Daegu Suwon-dong, the Defendant made a false investment in money to the victim in the vicinity of the Gitter in the Gittere-gu, Daegu-gu, Seogdong apartment complex. We will only make an investment in money and receive profits later.”

However, even if the defendant received money from the victim, it was thought that it would be used as living expenses, etc., and there was no intention or ability to receive the clothing store or invest in the clothing store, and the above D was a virtual person.

The Defendant received KRW 3,00,000,000 from the victim’s Daegu Bank account (H) in the name of the Defendant, as shown in No. 1 of the annexed Table of Crimes List No. 1 on the same day, from that time, by deceiving the victim over a total of 45 times until February 27, 2015, and received KRW 513,110,000 in total as investment money, attorney’s fees, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of each police officer’s statement, and statement of C among the suspect interrogation protocol of the second prosecutor’s office against the accused;

1. The details of each investigation report (the detailed details, etc. of the results of the transfer processing, analysis of details of account transactions, repreparation of crime list, submission of reference materials by complainants) and the results of transfer processing;

1. Application of Acts and subordinate statutes to which requests for investigation or cooperation are made, such as details of transactions of deposits, copies of deposits without passbook, certificates of payment of principal and interest of loans, transcript, record

1. The reason for sentencing of Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act for the crime at issue.

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