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(영문) 대전지방법원 2020.07.23 2020고단1564

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant at the expressway site office located in the Gangwon-do Seoul Metropolitan Government Office in the Highway Construction Site Office, saying, “In the Republic of Korea, a group has been affiliated with a group that specializes in investment along with the initiative from the country of the financial right. The group members manage the money entrusted by the proceedings and create high profits by investing in the domestic shares. (b) The Defendant issued the money to the members and the group will make profits with the investment fund, and will bring 40% of the profits from the substitute and bring profits to the profits. The principal will be guaranteed.”

However, in fact, the Defendant was able to make a mixed stock investment upon the recommendation of the investment issue from D, but did not belong to the specialized investment group, and was in fact deemed to have been able to make an investment in the items recommended by the said branch, and as a result, part of the investment amount was thought to be used for the payment of the existing debts or living expenses, even if it was received from the victim, there was no intention or ability to make a profit by using it as the investment funds of the specialized investment group, or to guarantee the principal of the investment.

On September 9, 2016, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the E (F) account under the name of the Defendant, as investment money, and acquired it by deceiving all 17 times from around that time to October 28, 2016, such as the entries in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of each police interrogation protocol against the accused (including the C's substitute statement);

1. Statement to C by the police;

1. Details of the transaction statement, Kakakao dialogue, each recording recording (C, A), submission of evidential data (defluence note), each letter, the details of stock trade, text content, E account (F), and