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(영문) 수원지방법원 성남지원 2015.03.19 2014고단2933
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On October 1, 2012, the Defendant told the victim C to pay the principal and dividends of at least 12% after July 1, 2013, when inserting KRW 30,000,000 to the Fund, at the AIA bio-office located in Gangnam-gu, Seoul, the Haguero 152, and the victim C by telephone.

However, the fact did not exist any of the companies, i.e., “No. 21” and “No. 21”.

Around October 30, 2012, the Defendant, by deceiving the victim, received KRW 20,000,000 from the victim’s dynamic securities account (Account Number: D) in the name of the Defendant, and acquired the amount equivalent to KRW 10,00,000 in Chinesewale from January 1, 2013.

2. On July 1013, 2013, the Defendant stated that “The Defendant sold the fund instruments, “The Tripller private equity investment trust 28, in Tripller,” by telephone, to the victim at the AIA bio-office located in Gangnam-gu Seoul, Gangnam-ro 152, and the Defendant would pay 50,000,000 won to the Fund with the principal and at least 12% dividends after July 10, 2014 at the maturity.”

However, the fact did not exist any of the companies, i.e., “No. 28” and “No. 28”.

Around July 12, 2013, the Defendant, by deceiving the victim and deceiving the victim, acquired KRW 16,325,000 through the dynamics account (Account Number: D) in the name of the Defendant from the victim.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. Application of the Acts and subordinate statutes to the trust contract, payment note, e-mail, liquidity transaction protocol;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

2. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant’s investment goods are the victim’s goods.

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