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(영문) 서울중앙지방법원 2018.11.21 2017고단5608
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2015, the Defendant came to know of the introduction of B in the mutual infinite coffee shop in Gangnam-gu Seoul, Gangnam-gu, Seoul, by the Defendant “D” operated by the Defendant, is getting profits from leasing medical machinery to sexually off, and the franchise business is in progress.

When investing in this Project, 850,000 won will be distributed from the monthly revenue.

The phrase “ makes a false statement.”

However, in fact, the defendant did not run a medical device leasing business or franchise business and thought to use it as personal living expenses, etc., so even if he received investment from the injured party, he did not have the intent or ability to pay the profits to the injured party or to return the principal.

On May 13, 2015, the Defendant received KRW 20 million from the damaged party to the SC bank account under B’s name.

As a result, the defendant was delivered KRW 20 million by deceiving the victim.

Summary of Evidence

1. The second written statement about the suspect interrogation protocol of the police, and the third written protocol about the suspect interrogation of the police against the defendant;

1. Statement C in the second-time police interrogation protocol against the accused;

1. Entry of the defendant in B in the third police interrogation protocol;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the details of the decision, investigation report (in the case of confirmation by reference E phone), investigation report (in the case of reference F, G sexual traffic and confirmation), investigation report (in the case of confirmation by the president of the G sexual traffic and H), accusation statement, investor equity agreement, loan payment statement, order statement, remittance statement, remittance statement, application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to ten years;

2. Application of the sentencing criteria;

(a) Determination of types: The general fraud>> (Type 100 million won or less; the fraud crime>

B. There is no special sentencing factor:

(c)the recommended territory and the recommended sentence;

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