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(영문) 서울동부지방법원 2013.08.28 2012고단2390

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was a person operating the Seongdong-gu Seoul Metropolitan Government Btel 306 Co., Ltd. on April 201, the victim D and E made a false statement to the victim D and E that “C Co., Ltd. will additionally receive 10% of the purchase price of merchandise coupons issued by Samsung Home Pus and sell it to other companies, and make a profit by selling it to other companies.” The Defendant made an investment in money to the company. If an investment exceeds at least one million won, 20,000 won is paid five times a week from 4,00 won a million won to 1.5 million won a week except for legal holidays, and if other persons are introduced, 50% of the placement cost and 10,000 won a day shall be paid additionally.”

However, the defendant did not have the intent or ability to pay the dividend for investment and the investment principal even though he received the investment from the victims for the purchase of merchandise coupons.

As above, the Defendant: (a) by deceiving victims; (b) received KRW 3 million from victims D as investment money; (c) received KRW 9 million from victims E as investment money around April 18, 201; and (d) received transfer from victims E as investment money; and (b) received KRW 20 million from victims F as investment money around May 22, 2011.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A complaint;

1. Application of Acts and subordinate statutes governing investment interest lists;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;