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(영문) 인천지방법원 2016.05.17 2016고단1811

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 2, 2008, the Defendant shall pay 1.2 million won through eight weeks in each week, including principal and allowances, to 1.5 million won in every week from the date of the investment to 1.5 million won in the K department store construction business and the futures trading in all city-to-day R, Seoul. The Defendant shall pay the amount equivalent to 1.30% of the invested amount if he makes a re-investment, and 5% of the invested amount if other investors are recommended, and 3% of the invested amount if the investor re-investment.

The phrase “ makes a false statement.”

However, even if the Defendant received investment money from the victim AA, the Defendant did not have the intent or ability to invest in the new business of K department stores and futures trading, and the investment money was intended to pay the profits to the existing investors in the form of preventing so-called return by using it as the dividend of the prior investors, and there was no intention or ability to pay the profits promised even if the Defendant received the investment money from the victim AA.

Nevertheless, as above, the Defendant: (a) by deceiving the victim A; (b) received a total of KRW 2 million from the victim on December 22, 2008, including KRW 1 million around December 23, 2008, around KRW 1 million on December 23, 2008; and (c) obtained a total of KRW 161,50,000 from the total of 54 persons, as described in the separate sheet, from November 4, 2008 to December 29, 2008.

Summary of Evidence

1. Statement by the defendant in court;

1. AB, AC,D, and AE a protocol concerning the interrogation of each police suspect;

1. Each police statement made to AF, AG, AE, AH, AI, and A;

1. Application of Acts and subordinate statutes to criminal investigation reports (investigation into specifying the amount of damage), investigation reports (Attachment of details of transactions in the future), and reports on the investigation;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria;