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(영문) 창원지방법원 2019.02.14 2018고합249

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2018 Gohap249"

1. On October 2016, 2016, the fraud Defendant recommended B, who is the birth partner of his own deceased village, to make an investment, “The Project Fund is necessary to operate a medical device business. If an investment of KRW 100 million is made, revenues equivalent to 2-5% and principal may be paid after the lapse of one week. A person who will make an investment is entitled to receive benefits and principal from 2-5% after the opening of one week.” In so doing, B, who is aware of the fact, is in need of business funds necessary to operate a medical device business with a doctor and a doctor who is a private village A. When investing KRW 100 million, he/she recommended B to make an investment to pay the victim C the proceeds equivalent to 2.5% after the opening of one week.”

However, in fact, the defendant did not have any idea to use the money received from the victim in medical device business, etc., and has received money from other persons from the victim within a short time, and then received more money from the victim's trust and used it as Internet gambling funds, or had no intention or ability to make profits or return the total amount of the principal of the investment even if he received money from the victim.

As above, the Defendant, by deceiving the victim and receiving KRW 10,00,000 from the victim as investment money around October 8, 2016, as well as from that time until May 27, 2017, by deceiving the victim by the same method as indicated in the table of crime (i), and received KRW 270,000,000 from the victim.

2. Around August 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is running domestic credit business to the victim F in the restaurant of “E” located in Busan Jin-gu, Busan.

B. Money to B.