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(영문) 청주지방법원 충주지원 2016.02.16 2015고단543
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director in Seoul Special Metropolitan City, the third floor of B building in Seoul Special Metropolitan City.

The Defendant stated that, around February 14, 2008, at the office of the Dispute Resolution Co., Ltd., “In Korea, the Company has set off money from foreign exchange in exchange for its profit, and invested KRW 20,000,000. The Defendant said that, through foreign exchange transactions, the Company would pay 3% of the principal of each month as dividends and issue a certificate of receipt as new shares so that the Company can see a large amount of profit from the market when it is listed on the KOSDAQ.”

However, in fact, the above company was merely a compliance with a page where there was no sales. Therefore, even if the Defendant received investments from the injured party, the Defendant did not have any intent or ability to use them in foreign exchange transactions to create profits or list the said company on the KOSDAQ, and was merely intended to use them as dividends or living expenses to be paid to other investors.

After all, the Defendant, as above, by deceiving the victim as above, received 20 million won from the victim to the passbook in the name of the above company as investment money, namely, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement concerning E or D in the police interrogation protocol of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning complaint (including attached documents), business registration certificate, certified copy of the corporate registry, copy of the corporate passbook, and company guidance;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the suspension of execution is against the crime and is subject to punishment with the crime previously committed, equity, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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