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Reasons
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(영문) 수원지방법원 2017.04.27 2016고단7025
사기
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 2011, the Defendant invested KRW 20,00,000,000 in the “E golf practice hall” located in Young-gu, Young-gu, Young-gu, Young-si, and the victim F (hereinafter “E golf practice hall”).

To do so, two copies per month shall be paid.

There is an investment of KRW 300 million in “G protocol” and “G protocol” and there is a lack of KRW 600 million.

B. When investing money to B, the interest of the second part of a month shall be paid, and the principal shall also be returned if the repayment is requested by two to three months.

“A false statement” was made.

However, in fact, the defendant, while operating a bond business under the name of the defendant's wife, was unable to recover the claim, was liable to the investors for a debt amounting to KRW 1 billion or more, and was able to use the loan from the damaged party as the interest and living cost of the bond of KRW 30 million per month, and there was no intention or ability to reduce the profits from investment to the victim.

As above, the Defendant, by deceiving the victim as above, received the total amount of KRW 20 million on October 12, 201, KRW 13 million on October 13, 201, KRW 10 million on October 31, 201, and KRW 10 million on October 31, 201 as each check, and continued to receive KRW 10 million on November 11, 201, and KRW 70 million on December 1, 201, as a check, from the victim.

From around that time to May 15, 2015, the Defendant obtained the total amount of KRW 389,091,801 through 76 times in the same manner as the list of crimes in attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the witness I, J and K in the third public trial records;

1. Partial statement of the defendant concerning the police of the defendant and the suspect examination protocol by the prosecution;

1. Statement of F in the protocol of interrogation of the suspect against the accused;

1. Statement made by the police with regard to F and by the prosecution;

1. A president of the F;

1. Each written opinion on complaint;

1. Each fact-finding certificate of I, J, and K;

1. Recording notes, tape-record CDs;

1.Each Kakao Stockholm dialogue.

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