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(영문) 서울북부지방법원 2015.04.16 2015고단644
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On June 8, 2010, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Chuncheon District Court, which became final and conclusive on June 16, 2010.

【Criminal Facts】

On March 18, 2008, the Defendant told the victim D to the effect that “if 100 million won is invested in the establishment of a charnel project, 100 million won shall be given interest every month and the principal shall be returned after 2 years.”

However, in fact, the Defendant was in bad credit standing over KRW 50 million at the time, and even if he received the above investment money from the victim, he did not have the intent or ability to repay the investment money received from the victim through the establishment of a charnel.

Around March 18, 2008, the Defendant, by deceiving the victim as above, received KRW 220,400,000 from the victim under the pretext of investment, from around March 18, 2008, as well as from May 6, 2010, the Defendant received KRW 220,400,000 from the victim under the said method as indicated in the crime list by the said method, or acquired property benefits.

Summary of Evidence

1. Defendant's legal statement;

1. The third and fourth suspect examination protocol of each prosecutor's office (including the substitute part) against the accused;

1. Each prosecutor's statement concerning D;

1. Each investigation report (the sequence 6, 22, 24, 27 of the evidence list);

1. Previous records: Criminal records, etc. and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as the suspect);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the fact that the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act exceeds 220 million won, and the fact that the damage in this case has not been recovered, and the damage has not been recovered. However, the first head of the judgment that became final and conclusive and the crime in this case shall be adjudicated simultaneously.

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