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(영문) 서울서부지방법원 2013.05.21 2013고단534

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 2009, the Defendant received a request from the victim for investment in stocks in lieu of the surplus funds from the victim at the construction site where the victim C works in Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as Eunpyeong-gu) and made a request from the victim to make an investment in stocks in lieu of a large amount of money through investment in stocks during the construction site where the victim C is working, and the victim was paid 50 million won in total five times from July 22, 2009 to November 19, 2009 by suggesting that “if a stock investment is made, the amount of 7% of the investment amount shall be paid once every one month in a certain month without any conditions, and the remaining profits shall be paid.”

The Defendant, as seen above, received money from the victim as a share investment fund, and invested and operated the shares, did not bring any particular profit to the share investment, but did not receive money with its business fund, etc., thereby causing considerable profit to the victim as a share investment was required, and was able to receive part of the principal amount of the share investment paid by the victim, in pretending that the victim received the share of the share investment fund that was promised.

Around August 13, 2009, the Defendant made a false statement as if he had been given a loan of 6,170,000 won to the victim as collateral, and as if he had been making a false statement of profits of 6 million won due to an investment of stocks, and then, among them, remitted 4,10,000 won, excluding 1,390,000 won, which is equivalent to 2,000,000 won of the amount invested between the victims, to the national bank account in the name of the Defendant’

The Defendant deceptioned the victim by the above method and received 30,18 million won in total from August 13, 2009 to December 16, 2009 as indicated in the attached Table of Crimes from around August 13, 2009 to from around December 16, 2009 as the proceeds from the investment of stocks.

Summary of Evidence

1. Defendant's legal statement;

1.With respect to C: