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(영문) 서울동부지방법원 2015.05.29 2015고정456

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and C did not confirm the existence of underground funds and did not know whether they can make certain profits through the increase of underground funds because they did not only did not confirm the existence of underground funds but also did not know whether they could make a certain profit through the increase of underground funds. Therefore, even if they borrowed funds necessary for the increase of profits, they did not have the intention or ability to return profits more.

Nevertheless, around March 3, 2013, C told the victim E's mobile phone store operated by Guro-gu Seoul Metropolitan Government to the effect that "where laundry of 30 billion won is waiting, it would take place 90 billion won if laundry of 30 billion won." On the 4th day of the same month, C introduced the victim to the effect that "if laundry of laundry of 10 billion won is lent, 10 billion won will take place later, 1 billion won will take place." On the 4th day of the same month, C introduced the victim to the effect that "on the other hand, 30 billion won of underground funds can be trained. If 10 billion won is invested, 10 billion won can be collected later, the Defendant received additional money from the victim under the name of 10 billion won or more, and 100 billion won of laund's mobile phone under the same name as "on the other hand, 100 billion won of laund."

Accordingly, the Defendant conspired with C to induce the victim, thereby acquiring KRW 20 million.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The prosecutor's statement concerning the F;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. C Letter of Payment

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;