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(영문) 서울중앙지방법원 2020.11.11 2020고단4879
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

The defendant and the victim B came to know while attending the same Gu hall around 2017, and the defendant was in charge of soliciting investors in C at the time of 2018.

On June 17, 2018, the Defendant told the victim at the front parking lot located in Gangwon-do, Seoul Special Metropolitan City, that “If C is issued by the E Company, but 100 million won is jointly purchased, the Defendant may live at 60% per unit.” (b) the Defendant sent money to the coin.

However, even if the defendant received money from the victim, he did not think that he would purchase the nose, and he thought that he would be used for his personal debt repayment.

Nevertheless, the Defendant made a false statement as above, and as a result, the Defendant’s F account from the victim to the Defendant’s F account on June 18, 2018, under the pretext of the purchase price for coin from the victim;

7.2.19 million won;

7.3.6 million won;

7.9.35 million won;

7.15 million won;

8.1. Receipt of remittance of KRW 15 million, respectively;

As a result, the defendant deceivings the victim and received a total of KRW 96 million as the purchase price.

Summary of Evidence

1. Defendant's legal statement;

1. B application of the police statement, investigation report (in response to a seizure warrant), first execution reply data, second execution reply data, investigation report (in the course of execution of a seizure warrant, etc.), investigation report (in the G currency), investigation report (in the course of execution of a seizure warrant), suspect submission data, closure data of H details of transactions, investigation report (in the course of confirmation of credit information), credit information confirmation document, details of account transactions in the account, and application of Acts and subordinate statutes;

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

1. The total amount of money that the defendant acquired by deception from the victim reaches KRW 96 million, and there is also no way to obtain money from the victim. The reason for sentencing under Article 62(1) of the Criminal Act is that there is no reason to obtain money from the victim.

However, the defendant recognized the crime of this case and reflected the mistake, and the defendant endeavored to recover damage by restoring part of damage, etc., and the victim is the victim.

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