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(영문) 서울동부지방법원 2012.09.28 2012고합20
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case.

Reasons

Around June 2008, the criminal history room of the crime (2012 Gohap98 case, fraud) stated to the effect that, in the Defendant’s residence located in Gwangju-si, Gwangju-si, the Defendant made a false statement to the effect that, “The Defendant’s father’s Ha and Ha, who is his husband, may obtain a large amount of profit when investing in the real estate of Cambodia, making an investment. In short, for six months, the Defendant may pay a large amount of profit within one year and make up for any harsh damage.”

However, even if the defendant received investment money from the victim, he did not have any intention or ability to leave the benefits by investing in Cambodia's real estate.

On June 13, 2008, the Defendant, by deceiving the victim as above, received 50 million won from the victim to the national bank account under the name of K to transfer from the victim as investment money, and acquired 17,5810,000 won in total by eight times from that time until April 22, 2009, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant’s partial statement

1. The witness J's legal statement [2012 Gohap98 (Punishment 34688, 201)];

1. Each protocol of examination of suspect (including J part, and part of the defendant's statement);

1. Statement;

1. A complaint;

1. To inquire about the details of each bank transaction, proof of each entry or departure, requests for inquiries about the details of each past transaction, information about interest/guarantee fees, inquiry about the details of transactions, and inquiry about the details of transactions;

1. Each land and house ownership transfer report ( Cambodia and Korean translation);

1. Application of Acts and subordinate statutes to each investigation report (including submission of account details, etc., attaching copies of loan-related documents, and filing of relevant records);

1. Determination as to the assertion of the Defendant and the defense counsel under the pertinent provision of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts (contribute to the punishment of imprisonment)

1. Summary of the assertion

A. The Defendant may make an investment to the victim J as stated in the facts charged in the case of 2012 Gohap98 because it can obtain a large amount of profit when investing in the real estate of Cambodia.

In short, it is possible to pay a large amount of profit within six months and one year, and there is a serious damage.

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