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(영문) 의정부지방법원 고양지원 2015.02.13 2013고단2064
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

The defendant and C engaged in software development and supply business with the trade name of "E" in 603 of the Goyang-gu Seoul Metropolitan City D building 603 in Goyang-si.

Around March 2011, the defendant and C were urged by creditors FF to repay the debt and conspired to receive money from the victims to request the return of the investment money from investors and to use it for the repayment of the debt.

1. Around May 3, 2011, the Defendant and C, together with the victim G at the E office, concluded that “When investing 60 million won with the investment period of six months, it would pay 70% of its earnings by investing in stocks and raw milk futures trading.”

However, the above intent was intended to use personal debt repayment, and thus, there was no intention or ability to pay the return on investment to the victim by investing in stocks and raw milk futures trading.

In collusion with the defendant, the defendant and C were accused of the victim as such, and were transferred from the victim as investment money to the defendant's educational guarantee account, the sum of KRW 30 million on May 3, 201, and KRW 60 million on May 11, 201, and KRW 60 million on May 3, 201.

2. Around August 31, 2011, the Defendant and C, together, concluded that the said victim would pay 70% of its earnings by investing 30 million won in stocks and raw milk futures trading if it has invested 30 million won with the investment period of six months.”

However, the above intent was intended to use personal debt repayment, and thus, there was no intention or ability to pay the return on investment to the victim by investing in stocks and raw milk futures trading.

In collusion with the Defendant and C, the victim by deceiving the victim as such was transferred to the Defendant’s national bank account on August 31, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the accused and C prepared by the public prosecutor;

1. The statement of G;

1. A deposit account statement;

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