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(영문) 전주지방법원 군산지원 2015.07.01 2015고단7

사기

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 5, 2010, the defendant was sentenced to four years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on November 5, 201, and the above judgment became final and conclusive on March 24,

From April 2009, the Defendant had no intention or ability to use the investment for stock investment even if the Defendant received a request from many people to make a stock investment in order to return the investment money and the proceeds promised to investors.

Nevertheless, around September 28, 2009, the defendant stated to the effect that "the defendant will pay more than 20-25% of profits to make a long-term investment for three months" to the victim in the E office located in Seocho-gu Seoul, and that "the defendant will pay 200 million won to the defendant's agricultural bank account in the name of the defendant as of the same day." On October 2009, the defendant transferred 200 million won to the defendant's agricultural bank account in the above office to the defendant's agricultural bank account in the defendant's name, and on October 2009, the 200 million won prior to the victim's "the defendant entered the above office in the defendant's several hundred million won project jointly invested by several people. The amount should be included in the one person's entry, and if it is erroneous, it will guarantee the 20-25% profit if more investments are made.

'' means to the effect that it was additionally forwarded KRW 200 million from the victim to the same account on November 2, 2009.

Accordingly, the defendant deceivings the victim and defrauds the victim a sum of KRW 400 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of account transactions;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;