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(영문) 서울북부지방법원 2018.11.16 2018고합191

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, who lives without a certain occupation due to cerebral typhism, committed with the head of the headquarters C (former D) Korea branch of Hong Congo Investment Company B in order to raise living expenses, and had the victim E, who is the victim of this paper, made a false statement that it is necessary to pay money under the name related to the above company, such as fund investment funds, legal expenses, etc., and obtained money from the victim.

Defendant “The Victim on September 27, 2012” against the Defendant on September 27, 2012

i. A company’s large-amount fund goods were released from the company, and the goods, the base of which is 60% fixed profit ratio for three months, are sold to the companies.

It gives information that we need to think at one time in a short period of profit.

F is a good in which the F participates.

“The message sent the mobile phone text message.”

However, the facts are that the defendant C was not the head of the above company, and there was no fact that the above company sold the goods whose fixed profit ratio of 60% guaranteed by the above company, and the defendant thought that the defendant would use the money in the living expenses by receiving the money from the damaged party, and therefore there was no intention or ability to return it to the victim later.

As such, the Defendant, by deceiving the victim and receiving 3.4 million won from the victim’s bank account in the name of the Defendant on September 28, 2012, from the victim, and then, received the remittance of the total sum of KRW 698,187,130 won throughout 289 times as shown in attached Table of Crimes (1), (2), and (3) from November 3, 2017, including the transfer of KRW 3.4 million to the national bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Written complaint, e-mail output, and G dialogue;

1. Each investigation report (as a result of the execution of each search and seizure warrant (as a result of the execution of each search and seizure warrant Nos. 7, 9, and 11), submission of letters sent and received with the accused, attachment of a family relation certificate), H, each account transaction details, text message, and