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(영문) 수원지방법원 2017.03.09 2017고단137
사기
Text

A defendant shall be punished by imprisonment with prison labor 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

[criminal records] On January 18, 2011, the Defendant was sentenced to two years of imprisonment for criminal fraud at the District Court of Jung-gu District on January 26, 201, and the judgment became final and conclusive on January 26, 2011.

[2] The defendant, who had found the above office through D'C' office operated by the defendant, who had been a staff member of the Dong-gu Seoul Metropolitan City B 203 around Apr. 208, 2008, ordered the victim E to receive a successful bid for the auction goods and sell proceeds.

A short-term disposition can be left to two to three months.

In order to receive a successful bid of F 931 Dong 1505, Seocheon-gu, Seoul Special Metropolitan City F 931, 1505, and to leave the proceeds from selling.

“A false statement” was made.

However, at that time, the Defendant received investment money from other investors as real estate investment in the name of real estate and invested money, but failed to recover money, and it was thought that the Defendant used money from the damaged investors for office operating expenses and recovery of investment money from other investors.

The defendant deceivings the victim as above and was transferred KRW 20 million to the new bank account (G) in the name of D, an employee around May 22, 2008, and KRW 5 million to the same account around May 23, 2008, respectively.

As a result, the Defendant, by deceiving the victim, was given a total of KRW 25 million under the pretext of investment in auction real estate.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Statement made by the police for E;

1. Intending to inquire about the details of filing of a complaint, detailed statement of deposits, detailed statement of transactions, liquidity transactions, etc. from 6th to 2007-20438;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the following reasons for sentencing) - the circumstances favorable to the defendant:

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