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(영문) 부산지방법원 2016.07.14 2016고단1594
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 15, 2016, the defendant was sentenced to three years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Busan District Court's Dong Branch branch branch court, and the above judgment was finalized on March 23, 2016.

"2016 Highest 1594"

1. On April 2015, the Defendant was aware of it in the “Dphilosophical Center” located in Busan-gun C, Busan-gun.

E made a false statement that “if an investment is made to B to make an investment in shares, 10% of the principal of the investment shall be paid every month, and the principal shall be paid after one year,” and the E believed this shall have the victim F make a solicitation for investment in shares by explaining it as above.

However, at the time, the Defendant had no intention or ability to pay the principal and the profit even if he received money from the damaged party for the purpose of receiving the money from a number of investors, or using it for the return of the interest and the principal to be paid to the existing investors, and in order to return the money received from the said damaged party, there is no other need to depend on the new investment funds of the other investors.

However, on July 13, 2015, the defendant deceivings the victim as above and acquired 30,000,000 won under the name of investment from the victim via E, from July 13, 2015, by remitting it to the United Nations Security account (Account Number: G) in the name of the defendant.

"2016 Highest 1779"

2. On July 2015, the Defendant made a false statement to the effect that “Dphilosolosophical hall” operated by the victim E in Busan-gun, Busan-gun, would be paid 10% of the principal of the investment every month, and the principal would be paid after one year.”

However, there is no money that the defendant received from other investors at that time, and there is no money to pay the profits or principal for the investment money.

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