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(영문) 서울북부지방법원 2014.03.25 2013고단3116
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who served as a business management employee of a company called “C” from around 2004 to September 2012.

Around January 4, 2012, the Defendant made a false statement to the effect that “The Victim F and the Victim G shall have the right to supply promotional products to the H company” in the E company office located in Jung-gu Seoul Metropolitan Government D. The Defendant made a false statement to the effect that the Defendant would give 20% of the principal amount of the investment as well as the principal amount after three months.”

However, in fact, the Defendant did not have the right to deliver the promotional material to the H company, and was thought to pay the money received from the victims to another investor in the form of a "refluence" as a profit to the other investors, so even if the victims received money from the victims under the pretext of investment, they did not have any intent or ability to pay the principal and the profits as agreed upon.

The Defendant, as seen above, received KRW 10 million from the victims to the new bank account in the name of the Defendant around January 5, 2012, from the victims, and received KRW 10 million from the victims to July 31, 2012 in the same manner, as shown in the annexed crime list, all of the eight victims, including the same from July 31, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Five times the suspect interrogation protocol of the accused to the prosecution (including the F statement section);

1. Each police protocol of statement against I, J, K, L, and M;

1. Each complaint filed by the N, G, and F;

1. Application of Acts and subordinate statutes to each specification of transactions (I, M, F, G), duplicates of passbooks (K), statement of transactions (J), statement of deposit transactions (L), statement of deposit transactions (L), statement of accounts payment (record 113 pages), statement of transactions of self-reliance deposits (record 116 pages), tax invoice, etc. (record 118 pages to 120 pages);

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. The reason for sentencing in Article 57 of the Criminal Act for the inclusion of the number of days of pre-trial detention (determination of type of punishment) is as follows. The number of days of pre-trial detention is more than KRW 500,000,000,000 or less

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