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(영문) 서울동부지방법원 2017.06.20 2017고정475
사기
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 19, 2017, the Defendant was sentenced to imprisonment of one year and four months for fraud at the Seoul Eastern District Court, and became final and conclusive on May 27, 2017, and on November 18, 201, the Seoul Gangnam-gu Office “C” office located in Gangnam-gu Seoul Metropolitan Government, which received money from the victim D and intended to repay the principal of investment to the existing investors, but the Defendant would be able to obtain profits from the victim for a short period of time.

‘Falsely speaking, the victim was given KRW 10 million through the bank account of the name of the Defendant on the same day from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on loan certificates, process deeds, and details of passbook transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The principle of equity in the case of a judgment at the same time with a final judgment of the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the restoration of damage, the fact that the defendant did not recover damage, the defendant paid only a part of the amount to the victim, and the defendant did not have any record of criminal punishment, shall be determined by taking into account the sentencing conditions as indicated in the instant case into account.

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