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(영문) 수원지방법원 성남지원 2019.05.07 2018고단1246

사기

Text

A defendant shall be punished by imprisonment for three years.

All applications for compensation filed by each applicant for compensation are dismissed.

Reasons

Criminal facts

Some of the facts charged were corrected.

From November 2014, the Defendant is serving as the representative director of the F Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan Government E (hereinafter referred to as “F”), and the victim B, C, and D are the motives of the Air Force Private School of the Defendant.

Around January 2015, the Defendant made a false statement to the victim B at the above F Office that “F is managing approximately 10 billion won assets. If a certain amount of money is lost, it is unnecessary to understand the loss of principal due to the system automatically suspended from trading. When lending money, the Defendant would pay 2% interest per month compared to the principal by investing in foreign currency futures X-E transactions.”

However, the Defendant did not manage 10 billion won assets since the establishment of F. F. It was thought that the Defendant was able to invest in the Internet sports gambling business with money of the said victim, not foreign currency futures FX M&C. At the time, F did not have any sales performance, and even if the Defendant did not borrow money from the said victim, the Defendant did not have any intent or ability to pay the borrowed principal or interest as agreed, even if he did not borrow money from the said victim.

Nevertheless, the Defendant, as seen above, by deceiving the said victim, received KRW 100 million from the said victim as a loan, around February 23, 2015, from the said victim, from that time until March 17, 2016, and acquired KRW 690 million in total from three victims, such as the list of crimes in the attached Table, from March 17, 2016.

Summary of Evidence

1. Court statement of the defendant (the seventh court date);

1. Each legal statement of witness C, B, D, and G;

1. The police statement of H;

1. Each monetary loan for consumption, each written agreement on investment, etc. (no more than 19 pages of investigation records);

1. Detailed statement of transactions by account (not more than 202 pages of investigation records) and each contract (not more than 810 pages, 814 pages of investigation records);

1. Application of Acts and subordinate statutes to a report on investigation ( telephone investigation, 298 pages of investigation records), investigation (credit investigation set, 995 pages of investigation records);

1. Relevant Articles of the Act concerning the facts constituting the crime;