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(영문) 대구지방법원 의성지원 2017.05.11 2017고단40
사기
Text

1. Defendant A shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal record] Defendant B was sentenced to two years of imprisonment for fraud at the Seoul Southern District Court on April 15, 2016 and such judgment became final and conclusive on April 23, 2016.

[2] When the Defendants came to know that the victim D is finding an investment source around August 2013, 2013, the Defendants introduced gold-related projects and conspired to acquire money.

The Defendants, around August 7, 2013, will return to the victim the amount of KRW 30 million within a week from the date of lending the victim’s “a good investment vehicle” in a restaurant located in the Jongno-gu Seoul Metropolitan Government E.

“The phrase “ was false.”

However, even if the Defendants borrowed KRW 30 million from the injured party, they did not have the intention or ability to pay KRW 300 million in full per week.

Nevertheless, the Defendants received delivery of KRW 10 million in total from the injured party on the same day, and KRW 30 million in total.

As a result, the Defendants conspired to attract the victim to receive the property of the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against D;

1. A certificate of custody and a copy of a check;

1. Records of the judgment: Application of inquiry letter, such as criminal history (B) and investigation report (Attachment to the judgment) Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 347(1) and 30 of the Criminal Act (the choice of imprisonment);

B. Defendant B: Articles 347(1) and 30 of the Criminal Act (Optional to a punishment)

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: The crime of this case committed by the Defendants in collusion with the punishment of Article 334(1) of the Criminal Procedure Act on the grounds that the crime of this case was committed by deceiving 30 million won from the injured party, and the nature of the crime is not somewhat weak in light of the method of deception or the amount of defraudation, and the injured party who did not agree with the injured party is punished by the Defendants.

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