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(영문) 의정부지방법원 2019.06.11 2019고합53
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The Defendant, as the representative of CF CF in Jung-gun, Gangwon-do, supplied a victim AD (n, 51 years of age) at the 1st floor AB coffee AB in Seoul Special Metropolitan City, Nowon-gu, to the effect that “When operating the agricultural partnership through family business, he/she will make an investment to the Gangwonland. If he/she makes an investment, he/she would make an investment, he/she would receive a transfer of KRW 20,000,000 from the victim to the AE account on March 24, 2016, and received KRW 3,522,10,500,000 from that time to January 30, 2018, as shown in the list of crimes in the attached Table.

However, the facts run by the defendant.

The former Agricultural and Fishery Product Sales Business has no substance and has no intention or ability to pay investment money and profits to investors, as it is invested in a way of return prevention from another person in order to pay the defendant's previous debts.

Accordingly, the defendant deceivings the victim to acquire the above money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to AD by the police;

1. A complaint and a petition;

1. The provisions of Acts and subordinate statutes governing the official title, amount of delivery, amount returned, and details of account transactions;

1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the relevant crime;

1. Scope of punishment by law: Three to thirty years of imprisonment;

2. Aggravation of the recommended punishment according to the sentencing guidelines (decision of type) shall be limited to the range of recommendation [type 3], general fraud [type 3], the amount of more than 500 million won, and the amount of less than 5 billion won (special appearance]: Where the victim has committed repeatedly over a considerable period of time, which causes serious damage to the victim (the area of recommendation and the scope of recommendation], special aggravation area, 4 to 10 years, and 6 months;

3. Determination of sentence: Imprisonment with prison labor for the crime of this case for five years, the defendant promises the victim to enjoy high profits, in the name of investment money.

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