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(영문) 서울중앙지방법원 2013.03.29 2012고단5608

사기등

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, each point of the forgery of private documents and the uttering of falsified investigation documents is as follows.

Reasons

Punishment of the crime

The Defendant was Samsung Fire Insurance Solicitors, and was living together with the victim C from June 2009 to January 2012, and the victim F is the female life of the above C.

1. Around July 8, 2009, the defrauded made a false statement to the victim C’s house located in Gangseo-gu Seoul Metropolitan Government, stating, “If the Defendant made an investment because he/she has old stocks, gains profits from stocks, and made an investment, he/she will give monthly profits and guarantee principal without fail.”

However, in fact, even if the defendant did not have any expert knowledge or experience in relation to stock investment, and even if he received money from the above victim, such as not raising any profit at all by investing shares in around 2001 and paying damages, he did not have any intention or ability to pay the principal and profit.

The Defendant received 246,530,000 won in total over 36 times from the above date and time to March 10, 201, as shown in the attached crime list (1) as well as delivery of KRW 10,000,00 from the above victim’s immediately in the same place as a share investment money.

Accordingly, the defendant was given property by deceiving the victim C and F.

2. Around January 4, 2012, the Defendant: (a) asked the Defendant at the home of the said victim C; (b) did not ask the Defendant to leave the said victim’s account; and (c) committed assaulting the said victim by opening his/her hand, etc. on the ground that he/she terminated the single speculative securities account under the said victim’s name; and (d) her her her her her her her her her her b

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses F and C in the third protocol of trial;

1. Partial statement made by C of a witness in the second protocol of trial;

1. Each prosecutor's protocol of examination of the accused (including the C's statement);

1. Each police statement concerning C and F;

1. Receipts, etc. (not more than four pages of investigation records);

1. Each specification of transactions and each specification of transactions;

1. A copy of the loan certificate and a copy of the examination and treatment set, the accused and the accused.