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(영문) 수원지방법원 2018.10.23 2018고단4362
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On June 23, 2015, the Defendant, at a coffee shop, where it is impossible to know the trade name in the same f.o. f. f. f. f. f. f. f. f. f. f. f. d. d. d. d. d. d. 8% of the principal and interest amounting to 98% after lending money.

“Falsely speaking,” and even around July 8, 2015, the victim made a false statement to the same effect as the victim.

However, at the time of fact, the Defendant was thought to use the money received from the injured party as debt repayment and living expenses of KRW 70 million for his own C and did not intend to use the money for stock investment. While there was no special property, the Defendant did not have the ability to pay the principal of the money borrowed from the injured party and the agreed interest.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the D bank account (Account Number: E) in the name of the Defendant on June 23, 2015, KRW 75 million as the loan, and KRW 75 million as of July 8, 2015, respectively, under the same name.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 150,000,000,000 through two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A copy of a certificate of cash storage, details of deposit and withdrawal transactions, detailed statement of deposit transactions, results of transfer management, inquiry by case, inquiry of liquidity transaction details, photograph of cellular phone pictures, application of the Acts and subordinate statutes of the detailed statement of account classification;

1. The grounds for sentencing [the scope of recommending punishment] of Article 347(1) of the Criminal Act and Article 347(1) of the selected criminal punishment [the grounds for sentencing] of Article 2 of the General Fraud [the scope of recommending punishment] [the sentence] [one to four years] of the basic area (one hundred million won or more, or less, and less than five hundred million won) [the sentence] of the crime of this case by deceiving the victim by deceiving him even though he did not have any idea to use it for stock investment even if he borrowed money, and did not have any intent and ability to repay it, even though he did not have any desire to pay it, and the crime of this case is not less than 150 million won.

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