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(영문) 서울남부지방법원 2013.08.27 2013고단2215

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

On August 31, 2006, the Defendant was sentenced to eight months of imprisonment for the crime of occupational embezzlement, and completed the execution of the above punishment on July 10, 2007. On October 14, 2011, the Defendant was sentenced to one year of imprisonment and two years of suspended execution and sentenced to the above judgment on October 22, 201.

Punishment of the crime

The Defendant, among June 2009, at the office of the Seoul Special Metropolitan City R R Co., Ltd., Ltd. (hereinafter “Seoul Special Metropolitan City”), made a false statement that “The Defendant would make 10% of the principal and interest of each 10% per week paid to the victims for 16 weeks from July 5, 2009, and that money received from investors was planned to be paid to the victims as dividends, etc., and that would not be paid to the victims if subordinated investors could not gather dividends. However, the victim S, T, and U would make a lot of profits if they produced and sold the electric disc cutting machines subject to item (c) in the Republic of Korea, and would make a false statement that “The Defendant would make a payment for 10% of the principal and interest of each 10% per week from 00 days to 07 days from July 23, 2009, and would make a false statement to the victims from 00 to 30% of the total amount of the principal and interest of each 90% from the company’s investment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of S, T, V, and W;

1. Copy of the investment certificate (investigative records, seven : 46 pages): The application of statutes in U.S. to the victim;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes: