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(영문) 서울동부지방법원 2017.04.27 2017고단352

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 10, 2015, the Defendant developed “H”, which is the NFC music card (NFC) emitting face-to-face music from Co., Ltd., E with a cell phone card in Seoul, Gangnam-gu and 1215, around June 10, 2015, at the E office of the Defendant’s operation, the victim F and the victim G.

If investment of 10 million won is made, 1.7 million won, including the principal and interest of 36% per week, will be paid up to eight times in 1,3.6 million won.

If investment in money is made, a larger amount of money can be punished.

‘Falsely false.'

However, in fact, the Defendant developed “H prototypes” only and did not reach the stage of product mass production, and there was no Chinese export contract, and there was no other investor 2 billion won from the victims other than the victims. However, although there was no business profit, there was no business profit, the Defendant did not have any intent or ability to pay the principal and interest normally even if the Defendant received the investment from the victims, and there was no intention or ability to return the investment principal and interest.

Nevertheless, the Defendant, as seen above, received the amount of KRW 10 million from the victim F and KRW 4 million from the victim G, respectively, from August 25, 2015, as shown in the crime list, from August 25, 2015, the Defendant acquired the total amount of KRW 99 million from three victims as shown in the crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect to I and J;

1. Each police statement made to F, G, or K;

1. The application of each investment agreement and statutes governing the increase in cash custody;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62(1) of the Criminal Act 1.