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(영문) 대구지방법원 포항지원 2017.08.10 2017고합29

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant, at port, recommended the visitors who are attending the department store culture center, to make an investment in the private investment project called “BTL” and to make a high profit as if they are making an investment in the “BTL business,” and received money as investment money and to use it as living expenses, etc.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

A. On October 2010, the victim F made a false statement to the victim F, who was an indoor swimming pool in the defendant's house located in the north-gu G apartment at the port, and became aware of as a member of the indoor swimming pool in the port, the victim F, “In making an investment in the private business called BTL promoted by the Government, he/she shall have a high profit and there is no possibility of loss of principal. If an investment is made, 2% of the investment amount shall be paid as interest every month, and the principal shall be paid as the completion of construction after one year.”

However, in fact, the defendant thought that he would receive money from the injured party to use it as living expenses, etc., and was under way.

Since there was no BTL business itself, 2% interest shall be paid every month by investing the money received from the injured party in the BTL business, and there was no intention or ability to return the principal after one year.

Around November 22, 2010, the Defendant, by deceiving the victim, received KRW 100,000 from the injured party to another securities account (H) in the name of the Defendant, and received KRW 100,000 from August 25, 2015 a total of KRW 567,00,000,000 from August 11, 2015, as shown in attached Table 1.

B. The victim I was the victim I, who was aware of attending lectures at the department store culture center on January 2009, 2009, as the victim I made an investment in the private business called BTL promoted by the government, with a high profit and there is no possibility of loss of principal, 2% of the investment amount will be every month.