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(영문) 수원지방법원 2018.02.12 2017고단8456
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On May 2, 2007, the defendant collected money from the victim C in a non-permanent place.

B. In the event of lending money to B, the Plaintiff made a false statement to the effect that he/she would pay a large amount of interest to B by investing his/her money in the Chinese money exchange business and to collect money from B.

However, in fact, the Defendant invested KRW 320 million from around 200 to around 2003 to the Chinese money exchange company D, but did not incur losses of KRW 290 million and did not incur profits. Such losses did not result in the Defendant’s failure to make an investment in the Chinese money exchange business from around 2004 to around 2003, and the Defendant did not have any intent or ability to repay the profits even if he borrowed money from the damaged party, because he was able to use the Defendant’s living expenses and personal debt repayment with the money from the beginning.

In other words, the Defendant deceiving the victim as above and received KRW 9,657,200 from the Defendant’s bank account (Account Number: E) to the Defendant’s name from the injured party, and received KRW 478,67,200 in total from around that time to May 24, 2017 by the same method as indicated in the list of crimes in attached Form 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each financial transaction statement, loan certificate, loan certificate, and lot card use statement, NH card domestic approval details, current status of transactions in the past of the new card, KB national card handling statement, Samsung Card use detailed statement, text message conversation with the suspect, contents of text message conversation with the complainant, application of Acts and subordinate statutes on personal immigration status;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Application of the sentencing criteria [the scope of the recommended punishment] The basic area (one year to four years) of the two types of general frauds (at least KRW 100 million, less than KRW 500 million).

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