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(영문) 서울동부지방법원 2014.05.16 2014고단432

사기

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On June 14, 2013, the Defendant made a false statement to the victim that “The Defendant operates private casino VIP room in Mapo-gu, Seoul, and would pay 4% fixed interest rate per month by guaranteeing the principal when investing in the said casino rolling and money exchange business.”

However, even if investment is made, there is no intention or ability to guarantee principal or pay interest based on the fixed interest rate.

Nevertheless, the Defendant received from the victim the remittance of KRW 50 million on June 18, 2013 as investment money.

From the same day to October 31, 2013, the Defendant received a total of KRW 1,251,716,000 from the victim T, U,V, W, and X over 37 times, as shown in the list of crimes in the attached Table.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (the second and three times);

1. The prosecutor's statement of the victim T or U;

1. Each police statement of the victim U, V, W, T, and X;

1. Application of the accusation, Y and F’s respective investment contract, L corporation account, investment contract, remittance certificate, transfer certificate, statement of transfer, meeting of transaction details, statement of deposit and withdrawal, statement of account transaction, statement of account transaction, statement of transaction by account, statement of transaction by account, statement of investment and management contract of October 1, 2013, investment and management contract of September 4, 2013, statement of investment and management contract of September 4, 2013, and statement of entry and withdrawal transaction Acts and subordinate statutes;

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

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act from among concurrent crimes [the scope of recommending punishment]: General fraud type 3 (at least 500 million won, but less than 5 billion won) and the aggravated area (4-7 years) (4-7 years): Cases of committing repeatedly against unspecified or large number of victims or over a considerable period of time [ad hoc sentence]. Two years of imprisonment.