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(영문) 창원지방법원 2016.10.06 2016고합73

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

When the Defendant lost a million won due to sports earth and sand gambling, etc. and was unable to pay the credit card price, in order to resolve his/her debt, he/she had his/her father known that he/she is the representative director of a small and medium enterprise of the Changwon Corporation, and had his/her father neglected his/her financial power as much as that of the Defendant, thereby deceiving him/her as if he/she would be able to receive a large amount of profit if he/she invests money through the Defendant.

On June 2015, the Defendant served in the Korea Water Resources Corporation (hereinafter referred to as the “Korea Water Resources Corporation”) at a non-permanent location below the Seocho-si in early 2015, and invested in the specific machinery and equipment of the relevant company, making a big profit. If he/she invests in the company, he/she is the president of the subordinate company of E’s subcontractor operated by his/her father within his/her father, he/she may pay 10-20% of the monthly amount of investment. Moreover, when investing in the company that engages in coffee import and distribution business in Seoul, 10-20% of the principal per month may be reduced. If he/she intends to make an investment as much as he/she has, then he/she would be deducted from the amount of investment at any time.

However, the defendant not only did not work for the Korea Water Resources Corporation, but also did not have the intent to invest in the above company even if he received money from the victim. The defendant provided profits to the other victims including the victim due to drinking value or return formula, and there was no intention or ability to repay the principal to the victim.

As such, the Defendant, by deceiving the victim, received KRW 70,000,000 from the victim for the purpose of investment on June 8, 2015, and acquired KRW 600,000 from around that time to December 31, 2015, by remitting KRW 8 times in total as shown in the crime list, as shown in the attached list of crimes.

In addition, the defendant from October 22, 2012 to January 20, 2016.