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(영문) 부산지방법원 2018.02.07 2016고단5679
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 2007, the Defendant called the victim B at the maid land in 2007, and there is an extremely high return on investment in the fund.

Korean parents also have made a lot of investment profits by receiving money.

A false statement was made to “to pay money by entrusting an investment to a person with an intention to pay money.”

However, in fact, the Defendant did not have any intention or ability to invest in the fund because he thought to use the fund as a daily cost even if he received the fund investment from the damaged party.

On September 22, 2007, the Defendant received KRW 20,600,000,000 from the injured party, in total, seven times until June 3, 2009, as indicated in the list of crimes in the attached Table, as well as the Defendant received cash of KRW 2,40,000,00 from the Seogdong-gu, Daegu Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for the sentencing of selective sentence of imprisonment [the scope of the recommended sentence] The person who does not have a basic area (from June to June) [the person subject to special sentencing] / [the sentence] / The defendant does not have any effort to recover damage even after acquiring the money from the injured party up to 20 million won, and does not seem to be responsible for his/her crime, such as escape and unknown whereabouts at the sentencing date. As such, the defendant shall be sentenced to the punishment, and there is no record of criminal punishment exceeding the fine, the defendant's age, sex behavior, environment, means and method leading to the crime, result, the circumstances after the crime, etc. shall be determined as ordered in consideration of the sentencing conditions such as the defendant's age, sex, environment, method and result, etc.

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