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(영문) 서울동부지방법원 2017.01.12 2016고단2828

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around March 2015, the Defendant, at the “D” coffee shop located in Gwangjin-gu Seoul Special Metropolitan City, may impose a large amount of money on the victim E to lend money for gambling to foreigners or tourists who use the casino at the place in Korea, etc. and to receive interest (hereinafter referred to as “carno-related business”).

The amount of 10 million won to 150 million won is to be invested as a test to guarantee a minimum of 10% of the monthly investments.

“To propose,” and the victim accepted it.

On April 8, 2015, the Defendant received KRW 20 million from the damaged person as an investment in the said business, and was aware of it.

F through F, the said money was paid to casino users to lend gambling money.

On May 23, 2015, the Defendant called the victim at a place unknown to him/her on May 23, 2015 and, as if he/she continued to create profits through casino-related business, remitted KRW 10 million.

“.......”

However, even if the defendant received money from the injured party, the defendant tried to use it for the business of purchasing marina tickets that he had personal interest, and there was no plan to use it for the casino-related business.

As above, the Defendant, as well as receiving KRW 10 million from the victim, to a new bank account (G) in the name of the Defendant on the same day, by deceiving the victim as above, and then received from that victim a total of KRW 88 million from that time until July 4, 2015, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A protocol concerning the interrogation of the accused by the prosecution (including part concerning the E-examination);

1. Each police statement made to E and H:

1. Inquiry about the details of liquidity transactions;

1. Application of Acts and subordinate statutes to report on investigation (report on reference witnesses H and wire currency);

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.