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(영문) 서울동부지방법원 2019.02.13 2018고단3113

사기

Text

Defendant

A Imprisonment with prison labor for ten months, and for six months, each of the defendants C shall be punished by imprisonment.

Defendant

B shall be sentenced to six months of imprisonment, and shall be sentenced to a judgment.

Reasons

Punishment of the crime

Defendant

A, on May 28, 2015, was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for a crime of fraud, etc. and confirmed on August 19, 2015. On September 8, 2017, the same court was sentenced to one year and four months of imprisonment with prison labor for a crime of fraud and confirmed on October 16, 2017. Defendant B was sentenced to four months of imprisonment with prison labor at the Seoul Western District Court for a crime of fraud on August 22, 2014 and confirmed on September 18, 2014. Defendant C was sentenced to one year and six months of imprisonment with prison labor at the Suwon District Court on February 6, 2015 and confirmed on July 29, 2017.

After the Defendants establish a corporation called "Lambacom Co., Ltd. A", "A", "A", "B", the investment money, and "B", through "E, the investment money," which is an investment money, shared the role of raising profits from brokerage profits by making an investment into " butts money" and "b", which is called " butt money" to gambling in the gambling place.

1. The Defendants’ co-offenders conspired, around March 10, 2012, the following: (a) Defendant C made a false representation to the victim F that “if one-year long-term investment is made in D, the principal would be paid 2% per month and repaid after one-year period.” (b) Defendant C was transferred from the victim who believed it to a corporate account as investment deposit amounting to KRW 45 million, including KRW 35 million around the 21st day of the same month and KRW 10 million around the 31st day of the same month; and (c) around the 31st day of the same month.

However, in fact, the Defendants do not invest in the business that can make high profit in full even if they receive the investment money. Of that amount, 30740,0740,000 won is immediately used as the repayment of personal debts between Defendant A and Defendant C, attorney fees, etc., and the remaining amount of 14 million won is not specified as above, and the method of securing the return is also unstable, and thus, it is normal profit.