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(영문) 서울서부지방법원 2018.10.11 2018고단1549

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

The defendant, who is the representative director of the company B that operates a membership club, was accumulated with victims in the CEO meeting called D, which was initiated by C around 2010.

1. On July 11, 2012, the Defendant had no fact in the Defendant’s office located in Yongsan-gu Seoul Metropolitan Government with F’s private equity fund instruments, and even if the Defendant received money from the Victim G for the purpose of investment, despite that he was thought to be used as the operating expenses, etc. of the Defendant’s company, he/she had good profitability of “F in managing domestic investment companies.”

A false statement stating to the effect that an investment of KRW 50 million is to be made once a year, 15% per annum, and that it received KRW 50 million from the injured party on the same day under the name of the fund investment fund in private placement, and received KRW 50 million on April 9, 2013 from the H bank account (I) in the name of the Defendant, respectively, from the injured party to the H bank account in the name of the H bank account (I) operated by the Defendant.

2. On July 11, 2012, the Defendant, at the Defendant’s office located in Yongsan-gu Seoul Metropolitan Government around July 1, 2012, falsely speaks to the same purport as the statement in paragraph 1, and acquired KRW 50 million from the victim to the H bank account (I) in the name of the Defendant’s bank account in the name of the H bank account in the name of the Defendant’s management.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police against J, investigation report (in the case of a complainant by the J phone), and complaint;

1. Data on subscription to goods, details of transactions in each passbook, investigation reports (Submission of detailed data on transactions by account of the complainants) and investigation reports (Submission of evidence verifying transfer by the complainants);

1. Investigation reports (execution replies of a warrant of search and inspection) and the application of Acts and subordinate statutes concerning materials attached thereto;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act ( comprehensively including Article 347 (1) of the Criminal Act, choice of imprisonment);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating of concurrent crimes against victims G with heavy circumstances)