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(영문) 대구지방법원 2015.10.21 2015고정1729

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who engages in health food sales business under the trade name “C” in Daegu Dong-gu B.

Around January 25, 2011, the Defendant made a false statement to the effect that “A victim D grants 130% of investments, including interest, when making an investment in C, for 55 days.”

However, in fact, the Defendant did not have any particular property and did not receive any specific benefit while operating C, and even if receiving an investment from the victim, there was no intention or ability to return 130% of the investment amount in 55 days.

As above, the defendant deceivings the victim and is in its jurisdiction from the victim's position to make an investment of KRW 5 million, and the same year.

2. Around November, 2000 won was received respectively for the same name as in the same name and acquired 7 million won in total.

2. The Defendant is a person responsible for the E Daegu Daegu Business Office.

On November 1, 2011, the Defendant made a false statement to the effect that “The victim G will enjoy 10% per month when investing in the US processing plant” at the third floor of the F building in the Daegu-gu Office of F building.

However, at the time of receiving investment money from the victim, the Defendant had no intent or ability to pay the agreed profits to the victim even if it had already waived the business and received investment money from the victim, and rather, it was thought that the Defendant used it as a living cost with receiving investment money and paid allowances again

Nevertheless, the Defendant, by deceiving the victim as such, obtained a total of five times, including KRW 11 million on November 1, 201, KRW 2200,000 on November 3, 201, KRW 22200,000 on November 22, 201, KRW 500,000 on December 7, 201, and KRW 12,100,000 on December 31, 201.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Each police officer's statement about D and G;

1. A letter of undertaking or a copy of passbook;

1. The registration card of salespersons and the card transaction slip;

1. Application of statutes on business registration certificates;

1. Relevant Articles of the Act concerning the facts constituting the crime;