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(영문) 의정부지방법원 고양지원 2019.06.20 2018고단2958
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around July 2017, the Defendant made a false statement to the effect that “The Defendant would pay 10% interest per month at the time of direct payment of the funds to be used for credit business, and shall not be deemed as the principal damage,” to the victim D, who had been investing credit business funds through high school C, a dong in a high school.”

However, in fact, the Defendant, at the time, was liable to pay more than KRW 100 million to other creditors, while the profits of the above house were not fixed, and the financial status was poor, such as the absence of any assets specially owned, and thus, even if the Defendant was invested in the credit business fund from the victim, some of the assets were converted to the Defendant’s living cost, repayment of obligations to other creditors, etc., and some of the assets was intended to manage the funds by the method of prompt return, such as payment of interest again to the victim, and there was no intention or ability to pay the principal

Around July 4, 2017, the Defendant received 9.87 billion won from the victim to E bank account (F) under the name of the Defendant, and received a total of 27 times from around that time to September 6, 2017 by deceiving the victim by the same method, such as the list of crimes, and received a total of 43,458 million won from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the D substitute part);

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Copies of the transaction details of each passbook;

1. Application of the Acts and subordinate statutes on G reply materials;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime, the application of the sentencing guidelines for the decision of sentencing of imprisonment [the decision of type] and the general fraud (the decision of type] shall not be less than KRW 100 million and less than KRW 500 million (the person who has been specially punished).

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