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(영문) 광주지방법원 목포지원 2018.04.27 2017고단1467

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On December 22, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspension of execution in the Gwangju District Court Branch Branch on August 18, 2017, and the judgment became final and conclusive on August 22, 2017, and was sentenced to 6 months of imprisonment for fraud at the Gwangju District Court on November 22, 2017, and the said judgment became final and conclusive on January 26, 2018.

[Criminal facts]

1. On November 2015, the Defendant against the victim D had “a good investment vehicle (investment in stocks outside the country)” at the mutual infinite coffee shop located in the Busan Shipping Organization on November 2015, and upon making an investment, the Defendant would return not only the principal but also the interest within one month.

“The phrase “ was false.”

However, from around 2013, there was no intention or ability to reduce the principal or interest within one month even if the investment funds invested by the defendant from around 2013 did not recover well, and even if the investment funds received from the injured party are paid from the injured party as a profit tightly distributed to other investors, it did not have any intention or ability to pay the investment funds.

In addition, the Defendant: (a) by deceiving the victim and deceiving the victim on November 2, 2015; (b) received money from the victim to the Si bank account (E) account in the name of the Defendant under the pretext of investment from the victim; and (c) by deceiving the victim on nine occasions from around that time to December 13, 2015; and (d) by receiving KRW 26,00,000 from the victim on a total sum of KRW 26,00,00,000 from the victim.

2. Fraud against the victim C;

A. On November 2015, the Defendant sent a telephone call to D, i.e., the Dogin-ro, Busan City (hereinafter referred to as the “Seoul City”), and made a false statement to D, stating that “I will pay 10 days after making an investment in money to the company, and will pay interest on 10% of the principal amount, and if there is any person in the surrounding area, I will also request the branch to make an investment and request for the request.” In short, the Defendant sent a false statement to the same effect to the victim via D.

However, the facts are from around 2013 to the defendant.