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(영문) 인천지방법원 2019.11.28 2019고단6657
사기
Text

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

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

Reasons

Punishment of the crime

On July 2017, the Defendant: (a) from the Jungman Incheon to the victim B by telephone, “6 million won was derived from the profit of KRW 5 million per week; (b) the principal is guaranteed, and (c) the principal is at least twenty (20) days prior to the end,” and was remitted from the victim who believed the end seven (17) times in total from April 13 to April 10, 2018, as shown in the list of crimes in the attached Table, to the Defendant’s community credit cooperatives account.

However, even if the Defendant did not have any intent or ability to carry out investment projects related to plastic withdrawal, the Defendant deceivings the victim to acquire the said money.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to materials submitted by a complainant;

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

1. Article 62 (1) of the Criminal Act (i.e., the fact that a person has been prosecuted and has agreed to pay KRW 50 million under the name of the principal, earnings, etc. before the prosecution, and the fact that there was no record of punishment after 2004, etc.);

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