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(영문) 청주지방법원 2015.12.29 2015고단1967

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to five years of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on February 24, 2015.

On August 8, 2011, the Defendant: (a) at the coffee shop located in Suwon-dong, Busan, Busan, the Defendant: “D has made a lot of profits from investing in the amount of KRW 63 years of age; (b) C is necessary because her husband currently suffers from cancer; (c) C has a large amount of profits in managing D’s treatment securities account; and (d) at the end of February 2013, 201, the Defendant would divide profits into money. Even if C is made at the end of February 2013, 2013, at the end of February 2, 2013, the Defendant would distribute profits equally with the low-income and the same amount of profits as that of the due date if C is late, and at the end of February 2013, 2013.”

However, the Defendant did not have any particular property and did not pay a large amount of profit while managing D’s account, and rather, the Defendant did not have any intent or ability to pay the amount of profit as promised to the victim because of the loss caused by investment in stocks.

The Defendant, by deceiving the victim as such, received from the victim the transfer of KRW 180,500,000 to D’s treatment securities account (Account Number E) on August 24, 201, KRW 50,000,000 on August 31, 201, KRW 50,000,000 on September 14, 201, KRW 30,000 on December 20, 201, KRW 18,50,000 on December 8, 2012, and received the transfer of KRW 281,00,000 in total from the victim, KRW 30,000 on September 7, 201, KRW 18,00 in total, KRW 18,50,000 from the victim’s share capital, KRW 60,000,00 in total, KRW 30,3034,48,00.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. A copy, etc. of a detailed statement of entry and transactions;

1. Documents attached to the written complaint (Evidence Nos. 1);

1. Previous convictions in the judgment: A copy of the judgment (2014No1679, 3471);