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(영문) 수원지방법원 2014.10.29 2014고단4259
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around November 23, 2012, the Defendant acquired KRW 85,500,000 in total over 16 times from the victim’s account and acquired KRW 85,500,000 in total from 16 times from the date to April 5, 2014, as indicated in the list of crimes, to the effect that it was false to the effect that the Defendant did not have the intent or ability to buy stocks of Samsung electronic, even if he received money from the victim C, and that the Defendant did not have the intent or ability to buy stocks of Samsung electronic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the details of transactions in each account and details of the use of credit cards (Evidence Nos. 2 through 4, 8);

1. Taking into account all the circumstances, including the relevant legal provisions and the choice of a sentence, Article 347(1) of the Criminal Act, the reason for sentencing choice of imprisonment [type of crime] - General Fraud No. 1 of the Fraudulent Crime Group - The basic area of the amount of profit less than 100,000,00 won [Scope of territory and recommendation] - The factors for mitigation of imprisonment from six months to one year and six months [general person] - the aggravated factors that have no record of criminal punishment - the use of personal confidential relationship [decision of sentence] - October - the above sentencing factors and the Defendant did not make any effort to recover damage even though the amount of damage caused by the instant crime is considerable in size, and all the circumstances, including the Defendant’s mistake recognized.

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