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(영문) 서울중앙지방법원 2017.05.26 2017고합2

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than three years and eight months.

Defendant 32,50,00 won to the applicant I, and 13,540,00 won to the J.

Reasons

Punishment of the crime

1. Around July 12, 2010, the Defendant sent a text message to the effect that “In the event it makes an investment in the company’s private equity funds entrusted to the said company, the principal of the investment shall be 100% and the amount equivalent to 13% from 10% of the principal of the investment shall be returned additionally to the victim L at the (State) D office located in Gangnam-gu Seoul Metropolitan Government AB as the victim’s cell phone at around July 12, 2010.”

However, the Defendant did not have the intent or ability to invest the money received from the damaged party in the fund, and there was no other property owned by the Defendant under the name of the Defendant, and there was no other profit other than the monthly income received from the said company, and thus, there was no ability to repay the said investment money except for the method of repaying the existing investment money by receiving the money from other investors (the so-called “re-called “the method of return”). The most of the said investment money was used as the Defendant’s living cost and there was no intention to repay it.

The Defendant was transferred KRW 5 million from the damaged party to the corporate bank account (AC) under the name of the Defendant on July 12, 2010, from that time to December 2, 2016, the sum of KRW 588,62 million in total from that time to December 2, 2016, from that time to December 2, 2016, to the account under the name of the said account and the securities account (E, AD) in the name of the Defendant, and the new bank account (AE) in the name of the Defendant.

The Defendant, including this, obtained the total sum of KRW 6,02,965,00 from July 12, 2010 to December 2, 2016, from 29 other than the victim L L 29 to receive a total of KRW 6,02,965,00 from July 12, 2010 as indicated in the list of crimes in the attached Table 2.

2. Fraud - The Defendant of 2017 Gohap 417, on February 13, 2014, on the part of the victim AG operated by the victim AG on the Cheongju-si AF2 floor around Cheongju-si around February 13, 2014.