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(영문) 서울북부지방법원 2018.11.22 2018고정1054

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 2017, the Defendant concluded that the victim D and E in Seocho-gu Seoul Metropolitan Government Btel C would pay 15 percent of the principal amount each month as dividends.

However, the defendant had no intention or ability to pay dividends by investing in lucing projects, even if he receives investments from victims, such as not making any investment in money in lucing projects at all, and investing in office operating expenses, futures options, coaches, etc.

Around August 17:10 on August 31, 2017, the Defendant: (a) by deceiving the victims; (b) received KRW 2,1480,000 from the victims to the F Bank Account (G) in the name of the Defendant; and (c) received KRW 2,548,00,000 from the victims E through H on a total of six occasions as shown in the attached crime list; and (b) received KRW 2,580,000 in cash from the victims on September 6, 2017 and on November 1, 2017; and (c) acquired KRW 2,548,00 from the victims, respectively.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Each legal statement of witness E, D, and H;

1. Application of Acts and subordinate statutes, such as a written confirmation of the results of the transfer of electronic financial services, details of transactions in I bank deposits, etc. (No. 7 times a net), a copy of receipt, a statement of deposit transactions in F bank, etc. (no. 11 times a net), and a statement of deposit transactions in J bank (no. 14 times a net);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;