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(영문) 대구지방법원 경주지원 2017.07.05 2017고단232
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year and three months of imprisonment for the crime of forging a private document at the Ulsan District Court on September 1, 2006 and completed the execution of the above sentence in the 2nd bridge of North Korea on August 20, 2007, and was during the period of repeated crime at the time of the instant crime.

[2] The Defendant did not specifically have any intent or ability to return the principal and interest or the proceeds of investment by using foreign currency, such as checks, foreign exchange-type fund bonds, subscription money, gold ingot, US dollars, etc. In fact, the Defendant did not have any specific knowledge about the increase of funds, “non-financial work,” “one’s capital increase,” “non-financial work,” and “one’s own doubt about the possibility of its realization.” As such, the Defendant did not have any intent or ability to return the profits by borrowing money from other people or receiving investments.

Nevertheless, the Defendant, along with C, D, etc., will repay the principal and interest by making high-amount profits to the victims through “financial increase”, “non-financial work”, and “alley work.”

The purpose of deception was to acquire money by deception.

1. The Defendant committed the crime against the victim E in collusion with the victim C and D as above. On April 2008, the Defendant: (a) held the victim E with the underground funds created at the time of the past regime in a warehouse; and (b) purchased the funds at a par lower than that of the warehouse’s owner and distributed the funds at a par value, thereby making profits equivalent to the difference.

The seller has been defined, but it has not yet found the former owner, who is a person to invest funds.

When the expense is granted, it is intended to find the former owner and distribute the funds and return the high-amount investment profits.

“Falsely speaking to the effect that it is “,” and C/D are the victim’s “the instant money.”

If investment is made, a large amount of money can be punished.

D. Investment is believed and made in reliance on money.

“.........”

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