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(영문) 인천지방법원 2017.08.25 2016고단378
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant around July 3, 2014, at the victim D's office located in Gangnam-gu Seoul Metropolitan Government Seoul, the defendant needs to be able to make the victim's "Gangbu Fund legalized and 30 million won."

When the compensation and work equivalent to two to three times the principal are completed when lending money, 200 million won will be invested in the victim company.

The phrase “ makes a false statement.”

However, it is not clear that the existence of the Blue Fund itself is not clear, and even if the Defendant received money from the injured party, he did not have the intention or ability to make the Blue Fund legalized, and he would have invested the money received from the injured party in another place.

The Defendant received from the damaged party the total sum of KRW 28 million on July 8, 2014, and KRW 28 million on July 14, 2014, from the Defendant’s Republic of Korea bank account (F) in the Defendant’s Republic of Korea.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes regarding account details;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;

1. The scope of the recommended punishment according to the sentencing guidelines [type of determination] the basic area [decision in the sphere of recommendation] of types 1 (less than KRW 100 million] (decision in the sphere of recommendation] [the scope of recommendation] [the scope of punishment] from six months to one year and six months [the person in general sentencing] - The mitigated factors: The advanced reflect;

2. Whether or not to suspend the execution (main reasons): Unagreement - positive: where the amount of substantial damage is considerably small (where the amount of damage not finally recovered is less than 50 million won) - negative reasons - A criminal record of the same kind of crime or of the suspension of the execution of not less than twice but not less than twice, positive: A serious reflect;

3. As the Defendant was aware of the victim by actively deceiving the victim, the nature of the crime is not good in light of the method and circumstances of the crime.

(b) a victim;

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