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(영문) 수원지방법원 2019.10.24 2019고단3171
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around August 2013, the Defendant stated to the effect that “E” of the victim D’s operation of the building No. 2 (B) of the building No. 3, the victim D and the victim F made an investment in the G securities, and the Defendant received 1% interest from the principal of each month. It is G securities VIP. If the Defendant borrowed money to B, the Defendant would have paid 1% interest each month by investing in the Lighting enrolled in the G securities and paid 1% interest each month, and the principal would be able to recover after two years. The current head of the Party is able to make an investment only in the name of the Republic of Korea.

However, in fact, the defendant did not have been responsible for the investment in the early childhood attending a securities company, and even if he borrowed money from the victims, he was thought to use it as his debt repayment, living expenses, etc., and there was no intention or ability to pay the interest or principal to the victims by investing the money received from the victims in the securities company.

Nevertheless, as seen above, the Defendant deceiving the victims, and then, from August 30, 2013 to March 17, 2017, the Defendant received a total of KRW 89 million as shown in the attached Table of Crimes (I) from the victim D, and acquired the total of KRW 60 million from the victim F from November 5, 2015 to July 20, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. A criminal investigation report (to be accompanied by a complainant's specification of transactions);

1. Application of Acts and subordinate statutes to a copy of a loan certificate and a statement of account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] is the general fraud [the type 2] and above 100 million won, the basic area of less than 500 million won, and 1 to 4 years [the decision of sentencing] of imprisonment [the defendant] is the victim by taking advantage of personal trust relationship for several years.

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