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(영문) 창원지방법원 2018.05.31 2017고단4073

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant A and Defendant B’s joint criminal acts are the persons who were in internal ties with each other, and they want to deceiving the victim D to receive money under the pretext of gold investment and scrap metal investment around March 2016. On April 1, 2016, the Defendants made a false statement to the victim stating that “I would be able to obtain high profits through gold investment, so I would like to do so. I would like to do so. I would like to do so. I would like to do so. I would like to receive 18.3 million won from the victim, and then I would like to take back the victim, and then receive 18.3 million won from the victim, and then I would like to receive 700,000 won per day from the victim’s money by making an investment in the victim’s money in Busan. I would like to have the victim gain a lot of profits from the Defendants’ investment and scrap metal investment.

On the same day immediately after the aforementioned movement, the Defendants can earn profits from selling scrap metal to the victim in front of “G real estate” located in Gangseo-gu Busan Metropolitan Government F on the same day.

It is expected to purchase KRW 32 million, and a half-yearly investment was made. 16 million won will be returned to KRW 18 million after the day the benefit is left.

“A false representation was made.”

However, even if the Defendants received money from the injured party for the purpose of investment in scrap metal, they did not intend to make an investment in scrap metal for the purpose of making profits, and there was no ability to make profits within one week through investment in scrap metal.

Nevertheless, the Defendants: (a) by deceiving the victim as above; (b) received KRW 16 million from the victim on the same day for the purpose of making an investment in scrap metal from the victim; (c) and (d) received or remitted a total of KRW 25 million from the date to May 2, 2016, as shown in the attached Table No. 1 and No. 4.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. Defendant A is the Defendant on April 2016.