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(영문) 의정부지방법원 2017.09.26 2016고단2500
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 2015, the Defendant made an investment of 100 million won in the Handbags business to the victim B at the end of Franchis, thereby making profits of 15 million won per month, and making an investment of 100 million won in C Baba business, thereby making profits of 8 million won per month.

Recently, 30 million won is insufficient to pay deposit 100 million won by obtaining D's delivery tickets from the branch in the United States.

If 30 million won is borrowed and paid, 4.5 million won shall be paid monthly pay every month.

“False speech” was made.

However, in fact, the Defendant did not engage in the business of Handbagbags and Clicks supply business, and there was no fact that the Defendant intended to receive the delivery right, and it was thought that he would receive the money from the injured party, and even if he received the money from the injured party due to the lack of economic circumstances at the time, there was no intention or ability to give money to the injured party as a monthly wage.

Ultimately, the Defendant, as such, deceiving the victim, and then deceiving the victim, was 10 million won around February 16, 2015 from the damaged party, and the same year.

2. 28. Minority: five million won, and the same year;

3. 2. A total of KRW 20 million was transferred to an account held by the mother of the defendant E in the name of the defendant, and a total of KRW 29 million was paid in cash on February 26, 2015.

Summary of Evidence

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

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a bank transaction statement and a copy of the Kakao Stockholm conversation;

1. In light of the reasoning for sentencing of Article 347(1) of the Criminal Act in relation to the crime, the amount of deception and deception, and the criminal defendant's repeated fraud of this case during the suspended execution period for the same crime, a sentence of sentence on the criminal defendant is inevitable.

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