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(영문) 대전지방법원 홍성지원 2014.04.23 2013고단909

사기

Text

A defendant shall be punished by imprisonment for three years.

All applications for compensation filed by each applicant for compensation are dismissed.

Reasons

Punishment of the crime

[Criminal Justice] On September 3, 2008, the Defendant sentenced the Daejeon High Court to two years and six months of imprisonment for fraud, etc., and completed the execution of the sentence on December 13, 2010 in the military prison.

【Criminal Facts】

1. On May 8, 2012, the Defendant committed the crime against the victim G calls from the victim G at the Defendant’s residence located in Boan-si, Boan-si on May 8, 2012, and falsely concluded that “When purchasing the hydro-gu unit at a level of KRW 10 million, the amount of KRW 300,000 per month will be the dividend. The principal may be recovered at any time after six months.”

However, even if the defendant receives money from the victim, he/she thought that he/she will be used for personal purposes, and he/she did not have the intent or ability to purchase the cooperation fund or to pay monthly dividends.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the post office account (J) in the name of the Defendant, who is the child of the Defendant on the same day as the investment money.

In addition, the Defendant, from May 8, 2012 to September 17, 2013, by deceiving the victim as described in paragraphs (1) through (6) of the attached Table of Crimes List, and by deceiving the victim, he/she received a total of KRW 30,120,000 from the victim on a total of six occasions.

2. On July 13, 2012, the Defendant committed the crime against the Victim F: (a) at Lwon located in Boan-si, Boan-si; (b) “The victim F would gain a large amount of profit by investing in domestic fishery products; (c) KRW 500,000 in one unit; and (d) KRW 20-3 million in one month in one unit; and (c) the victim would gain profit by making an investment of KRW 33,00,000 in one month in one unit. In the event of a total of six units, the amount of profit shall be reduced every month; and (d) the amount of investment may be returned in all by means of selling old accounts again on March 2013; and (e) thus, (c) KRW 33,00,000 in one unit shall be invested.”

However, even if the defendant received money from the victim, he thought that he will use it for his personal purpose, and he is in the old account of fishery products.