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(영문) 서울중앙지방법원 2017.12.22 2017고합941

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On November 2015, 2015, the Defendant was introduced by the victim J. J. that he had a lot of interest in the “nivement of underground funds” as a re-satis to mobilize the president’s interest KRW 00 million from I, a police officer of the early 2015. Since then, on December 2, 2015, the Defendant was the owner of the warehouse in which our grix is keeping underground funds at the G.m. coffee shop located in Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant was the owner of the warehouse in which our grix is keeping underground funds, and even thereafter,

The underground funds can not be taken out because the amount of more than KRW 50 billion is kept in the warehouse and the amount of the underground funds can not be paid monthly to the security guards from the special type of company that is keeping the warehouse. If the necessary expenses are paid KRW 1 billion, the amount will be paid with the underground funds and KRW 10 billion after raising them.

“.....”

However, the Defendant did not know the existence of the above underground funds, and did not possess a certain share in the above warehouse, and even if the Defendant received money from the injured party for the purpose other than the project to foster underground funds, such as the expected use of the money from the injured party for the purpose other than the project to foster underground funds, he did not have any intent or ability to pay the principal of the investment promised to the injured party and a large amount of profit.

Accordingly, the Defendant, as seen above, by deceiving the victim, obtained a total of 800 million won from the victim on December 21, 2015 to the 8th page of the check in the coffee shop at par value of 8 billion won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Each prosecutor's statement concerning J, K, L, and I;

1. Copies of each prosecutor's statement made to J and K by the prosecution;

1. Internet press reports printed, printed out text messages sent by A, printed out text messages, each monetary recording;