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Reasons
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(영문) 대구지방법원 2016.08.23 2016고단2247
사기
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant would make an investment of KRW 40 million in the amount of money to the victim E in the Madern Dominton P in Daegu-gu, Daegu-gu, about April 25, 2014, for “I will pay KRW 4 million in the amount of dividends.”

“A false representation was made.”

However, in fact, the defendant had no intention or ability to pay dividends in only one month even if he/she received an investment from the injured party because he/she had been unable to hold the competition with the Daegu Edialton Association, which was in dispute with the Daegu Edialton Association.

As such, the Defendant was given the victim a delivery of KRW 40 million on the same day by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to hear statements from the complainant E in the counter phone), investigation report (to the currency of the Daegu Ethicalton Union), and investigation report (to the case as a result of the search of the Daegu Ethicalton Federation);

1. Details, etc. of credit information and replies;

1. Application of transaction details, process certificates, and invoice-related Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] In general fraud [Article 62(1) of the Act, [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Punishment and Punishment of Specific Offenders [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Punishment and Punishment of Specific Fraud [Article 62(1) of the Act on the Suspension of Punishment and Punishment of Specific Fraud] [Article 62(1) of the Act on the Suspension of Punishment and Punishment of Specific Fraud]

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