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(영문) 서울중앙지방법원 2013.05.24 2012고단5276

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 14, 201, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court on September 14, 201, and the sentence became final and conclusive on the 20th of the same month.

【Criminal Facts】

The defendant is the representative director of the F (State) who aims at the purchase of bonds and the management of purchased assets in Gangnam-gu Seoul Metropolitan Government E.

On March 201, the Defendant made a false statement to the effect that “F (a) currently in operation is an asset securitization company, and only part of the non-performing loans are purchased in the name of the special purpose corporation, and then the profits are realized, by establishing a special purpose corporation (SPC). One of the students to make an investment will be the representative of the special purpose corporation in order to ensure the return of the investment amount. If the investment amount is invested in 50 million won, the Defendant would establish the special purpose corporation immediately and, if so, would make 30% profits of 10% profits of 10% profits of 10% profits within 6 months.”

Therefore, around April 5, 2011, the Defendant received 30 million won from the victim I to the account in the name of F (FFFF and M), 50 million won from the victim L to the said account on April 6, 2011, 30 million won from the victim J around April 6, 201, and 30 million won from the victim K around April 16, 201.

However, even if the defendant receives money from the above victims for the purpose of investment, there is no intention or ability to establish a special purpose corporation (SPC), and there was no intention or ability to give the victims such profit.

Accordingly, the defendant deceivings the victims, thereby deceiving 140 million won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. N.N.