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(영문) 전주지방법원 2018.01.17 2017고단1673
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 1, 2014, the Defendant: (a) on March 1, 2014, the victim E 101, the house of the victim D located in G, Gyeonggi-do, and (b) on March 1, 201, the Defendant requires at least 50,000 won to subscribe to the insurance product.

Since there is no money in the present time, money is collected from many people to subscribe to the insurance product under the name of the wife.

In the event that an investment is made in insurance products, the false statement was made that 12-13% per annum will be paid.

However, even if the defendant received money from the injured party, he did not have any intention to purchase insurance in the name of the defendant's wife because he thought that he would be used as personal debt, living expenses, hospital expenses, etc., and he did not have any ability to pay the invested money from the injured party because he did not have any obligation of the defendant at the time to pay 35 million won.

Nevertheless, on March 3, 2014, the Defendant, as seen above, received 60,000 won from the victim to the account under the name of the Defendant as investment money from the victim, and acquired it by transfer from the victim, and received 20,200,000 won through 14 times from around that time to May 2, 2014, such as the list of crimes in attached Form 14.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Decision on implementing recommendations;

1. Process certificates and promissory notes;

1. Application of Acts and subordinate statutes, such as transaction details;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act / [the scope of the recommended punishment] In the mitigated area (one month to one year) of Class 1 (the amount below 100 million won) of the mitigated area (one month to one year), [the person who is specially mitigated] of the punishment, or where considerable damage was restored [the sentence] of this case by deceiving the victim and deceiving the victim by deceiving the victim, and the contents and result of the crime.

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