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(영문) 의정부지방법원 2018.09.28 2017고단2526
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around September 2015, the Defendant: (a) around the Dda of Defendant’s operation in Jongno-gu Seoul Metropolitan Government (Seoul Jongno-gu) around September 2015, the Victim E “The Victim E had a career of operating a system for several hundreds and has organized a friendly system at this time; (b) the guidance amount is KRW 30 million; and (c) the 16th number and paid a total of KRW 30 million,000,000 as interest.

“A false statement” was made.

However, in fact, when the defendant receives KRW 2 million from the injured party monthly payment, the defendant thought that he/she will use it as a deposit of another fraternity in which he/she joined, or as a result, he/she did not have an intention or ability to operate the normal system.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) from October 7, 2015 to August 20, 2016, the Defendant was transferred the total sum of KRW 24 million to the Defendant’s ancillary F’s account from October 7, 2015 to August 20, 2016.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of witness E in the second public trial protocol;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A certificate of financial transaction records;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] The basic area (from June to one year and six months) of Type 1 (less than KRW 100 million) is not [the person subject to special sentencing] [decision of sentence] The amount of the crime of this case, despite the fact that the defendant did not pay the fraternity money, was punished for the crime of this case, even if he did not pay it, the defendant again committed the crime of this case, and the fact that the defendant did not recover full damage and did not reach an agreement with the victim, the crime and the nature of the crime are heavy.

However, the defendant acknowledges his mistake late and seriously reflects it.

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