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(영문) 서울서부지방법원 2013.04.25 2013고단55

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant, who was forced to leave the Republic of Korea on March 27, 2003 and was living in the United States on March 27, 2003, was forced to leave the Republic of Korea on June 28, 2012.

On July 4, 2002, the Defendant made a false statement to the victim C who is a high school at the coffee shop located in Gangnam-gu Seoul Samsung-dong, stating that “I would make a profit if I make a profit if I make a profit because I would like to get a large amount of profit because I would like to get the foreign exchange while working at a bank in the domestic bank. I would like to buy it again. I would like to make a profit if I make a profit.”

However, even if the Defendant received money from the victim, he/she had no intent to invest in foreign exchange transactions and tried to use money by using living expenses, payment of card payments, distribution of profits from the existing investors, etc., such fact is not notified to the victim, and as if he/she had made a normal investment, he/she continued to receive money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 11,70,000 from the victim to the account in the name of D, and received KRW 11,70,00 from the victim, and acquired KRW 306,70,00 in total on 22 occasions, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel's assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders asserts that they will contribute to the actual option and not make an investment.

However, the victims were aware of the investment in exchange marginal profits, and the defendant himself recognizes.