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(영문) 의정부지방법원 2021.02.09 2019고단5722
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 10:00 on October 23, 2018, the Defendant is satisfied by 100% in the victim E in the office of the defendant in the Seocho-gu Seoul Metropolitan Government B building C.

Although there is a seed fund of KRW 5 billion, the government's underground funds can be deposited, financial documents that there are seed funds are necessary, and 30 million won is needed to make the documents.

The Government's underground funds may be raised within three (3) days on the face of the share of this money and received 5 billion won from the Government's underground funds to be deposited, and one billion won which is 20 percent of the said money.

It was false to the effect that if one billion won is not paid, it would compensate for the said agreed amount of KRW 90 million which is three times the agreed amount.

However, there is no substance in the government underground funds training project, and even if the defendant received money from the injured party, there is no intention or ability to pay 1 billion won to the injured party by training government underground funds.

On October 23, 2018, the Defendant obtained from the injured party the delivery of KRW 29 million to the NongHyup Bank account (G) in the name of the Defendant’s child on October 23, 2018 and KRW 1 million to the above account on October 24, 2018.

Summary of Evidence

1. A protocol concerning the examination of suspect by some police officers against the defendant (including E statements);

1. Statement made by the police for E;

1. A complaint;

1. Application of Acts and subordinate statutes to an agreement requesting financial brokerage, a receipt, a copy of a new bank passbook, a certificate of deposit confirmation, and each fact-finding confirmation document;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [type 1] and there is no person who is less than KRW 100 million [the territory of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation, six months of imprisonment through one year and six months of a year;

2. The decision-making defendant shall be considered as fraud.

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