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(영문) 대구지방법원 의성지원 2017.11.23 2017고단287
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 24, 2016, the Defendant was sentenced to four years of imprisonment for fraud, etc. in the Daegu District Court’s assistance, and the said judgment became final and conclusive on September 10, 2016.

On July 2014, the Defendant made a false statement to the victim D, “C” office located in Ansan-si B, Andong-si, stating that “On December 2014, 2014, the Non-Coin price was high, and there was a bitco price, such as stocks, but the Defendant made an investment would guarantee the principal after one year.”

However, in the course of operating the company, the amount of profits has been accumulated compared to the anticipated profits, and even if there are many people who received the investment in return for promising to make the investment, even if they did not receive the investment funds from the victims, they should be paid as profits to the existing investors, so the Defendant did not have any intent or ability to pay the principal and profits even if he received the funds from the victims.

As above, the Defendant: (a) by deceiving the victim D to receive a total of KRW 20 million from the victim on July 7, 2014; (b) and (c) received the remittance of KRW 900,275,000 from the victim on a total of 51 occasions as indicated in the attached crime list from March 27, 2014 to July 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, D, F, G, H, I, J, and K;

1. Details of financial transactions, etc. attached to a distribution network agreement, etc. attached to an investigation report (Submission of I Data by a complainant) and a criminal investigation report (additional attachment, etc. of transaction details);

1. A complaint and a detailed statement of deposit transactions attached thereto, a cash storage certificate, a bitco-investment contract, a business entrustment contract, etc.;

1. Criminal records: Application of one copy of the judgment attached to a reply to inquiry, such as criminal records, and a report on investigation (Attachment to relevant decisions);

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 Code, and Article 38.

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