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(영문) 의정부지방법원 고양지원 2017.09.07 2017고단877
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, around September 14, 2009, tried to examine the victim C who became aware of the insurance contract relation from the “Saong Elementary School” located in Songpa-ro 400, Songpa-gu Seoul, Seoul, as a part of the insurance contract relation.

One of them is required to return his investment money due to the marriage of his father, so that he can pay his profit by playing interest play on the face of his investment.

Even if an investment is erroneous, the annual salary in the Republic of Korea exceeds KRW 150 million and has a parent’s land in the name of his/her parents in the Republic of Korea, which makes it false that the guarantee of principal is blick.”

However, in fact, the defendant tried to receive the above investment money from the injured party to invest in the illegal sports soil business. At the time, the debt without any particular property was about KRW 40 million, and the annual salary was about KRW 50 million, and there was no intention or ability to pay the principal and the profits even if he received the investment money from the injured party because there was no real estate that can be disposed of, and even if he did not receive the investment money from the injured party.

The Defendant, as above, was issued KRW 67,050,000 in total over 12 times by June 13, 2010, including by deceiving the victim and receiving KRW 30,000 from the victim on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written confirmation of transaction;

1. Application of Acts and subordinate statutes to data submitted by a person under consideration;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, was committed by deceiving a large amount of money that reaches about 70 million won against a victim who has trusted himself due to friendly relationship, and the nature of the crime is not somewhat weak in light of the method and content of the crime. Nevertheless, the fact that the damage has not been properly recovered for a long time, thereby causing considerable pain to the victim, etc. is disadvantageous.

On the other hand, however, it is.

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