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(영문) 수원지방법원 평택지원 2018.08.17 2018고단672
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On September 25, 2017, the Defendant was sentenced to three years of imprisonment with prison labor and five years of imprisonment with prison labor, etc. at the Suwon District Court Sejong District Court on September 25, 2017, and the judgment became final and conclusive on February 8, 2018, and is currently confined in the Suwon Detention House.

[2] On September 1, 2016, the Defendant stated that “C’s restaurant in Pyeongtaek-si B 2 was “C”, and that “The victim D and the victim E had a considerable margin in the liquor distribution business of liquor companies working in Korea,” and that the Defendant would return high interest along with the principal when investing money in the said business.”

However, the defendant did not operate a liquor distribution business in the liquor company, and it was thought that the money received from the victims will be used for gambling and repayment of the damage caused by the Internet, so even if he received the money from the victims, he did not have any intention or ability to return the principal and interest to the victims by investing in the liquor distribution business.

Around September 5, 2016, the Defendant received KRW 20 million from the victim E to the F bank account under the name of the Defendant, and received KRW 304,50,000 in total from around that time to November 19, 2016 by the following methods: (a) as indicated in the attached crime list, the Defendant received KRW 20,000 from the victims over 18 times in total.

Accordingly, the defendant deceivings the victims and acquired property from the victims by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Details of remittance of the complainant E;

1. Details of remittances (H) of damage, details of remittances (I) of victims, and details of remittances of D;

1. Previous convictions in judgment: Investigation report (verification and report of the fact of use by a suspect), application of Acts and subordinate statutes which inquire about criminal history;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (including each injured party) and the choice of imprisonment with prison labor for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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