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(영문) 서울중앙지방법원 2013.11.29 2013고정4792

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On July 22, 2011, the Defendant was sentenced to a suspended sentence of three years in one year and six months at the Seoul Central District Court for fraud.

9. 23. The judgment became final and conclusive.

The defendant is the representative director of the D Co., Ltd for the purpose of purchasing bonds and managing purchased assets in Gangnam-gu Seoul Metropolitan Government.

On March 201, the Defendant: (a) around March 201, at a F Research Institute that provides education on real estate investment, etc. in Seocho-gu Seoul Metropolitan Government, the victim G, who is the student of the said Institute, may increase profits by 100% per annum; (b) as a company specializing in asset-backed securitization, only a part of the defective bonds is purchased in the name of the said special purpose corporation by establishing the said special purpose corporation; (c) one of the students is the representative of the said special purpose corporation in order to ensure the return of the investment amount. If the investment amount is invested in the amount of KRW 50 million, the Defendant would immediately establish the special purpose corporation; and (d) if so, 30% profits within six months, and 100% profits within one year.”

However, even if the defendant receives money from the victim as investment money, he did not have the intention or ability to establish a special purpose corporation as well as to make profits to the victim.

Nevertheless, the defendant made a false statement to the victim, and such statement from the victim

4.7.Around July, through the bank account in the name of NFFC (H) in the name of DF, acquired money in KRW 30 million as investment.

Summary of Evidence

1. A protocol concerning the examination of suspect with regard to I;

1. Protocol of the police statement concerning G;

1. A complaint (including attached data);

1. Previous records: Criminal records, etc., inquiry reports and investigation reports (Attachment to judgments against A of a suspect), and the application of Acts and subordinate statutes;

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