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(영문) 서울북부지방법원 2015.05.29 2015고단764

사기

Text

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

Reasons

Punishment of the crime

On June 6, 2010, the Defendant: (a) at the “D office” office for the Defendant’s operation of Seocho-gu Seoul Metropolitan Government C Building 454; (b) at around 2000, the Defendant stated that “Korea Company is engaged in three types of business, such as loan business, marriage information business, and entertainment; (c) is well-run business; and (d) investments in the company may be deemed to be significant profits if it is invested in the company. The Defendant would pay interest thereon every month. By June 6, 2013, the Defendant would return the investment principal without molding the investment principal, and will guarantee 30% high profits per annum. The principal may be returned at any time at the time.”

However, at the time of fact, the defendant had little business performance, sales, and income, and the office is difficult to be operated to the extent that he did not reach the monthly salary of the employees. In order to prepare for the business, the personal debt borrowed from the bond business operator, etc. was approximately KRW 50 million, while there was no particular property or income, and there was no intention or ability to return the return of investment profits or the principal in accordance with the contract even if he received the money from the victim for the purpose

Nevertheless, the Defendant, as above, by deceiving the victim as above, received from the victim of the above D office a total of KRW 60 million from the victim as investment funds, including KRW 20 million around June 3, 2010, and KRW 40 million around July of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the defendant in E in the second prosecutorial examination protocol;

1. Statement of the police statement of E;

1. Guidance on procedures for D investment transactions and application for membership registration ( dated 7, 2010);

1. A certificate (a certificate of investment contract, certificate of payment guarantee, and certificate of prohibition of investment);

1. Application of Acts and subordinate statutes on account details, such as investigation reports (Analysis of suspect financial transaction information) and single speculation, new banks, and foreign exchange banks;

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment [the scope of recommendation] is general fraud.