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(영문) 서울중앙지방법원 2015.02.13 2011고합1631
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[201 Gohap1631] Around February 2008, the Defendant introduced the Victim G, a flight crew member of the Republic of Korea, as the president of the Investment Company, to the Plaintiff, who was the Defendant’s crew of the Republic of Korea, and introduced the Victim G as the president of the Investment Company, and made the Victim G to think that he was solely on the premise of marriage by showing the Defendant’s father’s father’s care and family photo, etc., and caused the Victim G to think that he was only on the premise of marriage. At any time, the Defendant collected money from the Victim at any time when he operates the Investment Company and operates the Investment Company, and punished a lot of money every time he makes an investment in the Securities. BMW is also expected to buy a customized benz. B. B. The Defendant acquired the right to dispose of the accounts in the name of the Party and her mother, and deposited money in the account, etc. to the effect that “I will provide a lot of profits by investing in the stocks or securities and guarantee the principal.”

However, the defendant was not operating investment companies, and was merely an individual investor, and all of the money received from the victim did not think that they will invest in stocks or securities, and there was no intention or ability to guarantee the principal to the victim because there was no particular property at the time.

Defendant

Judgment on the Defense Counsel's argument

1.(b)

(5) For the same reason, the phrase “not having the intention of marriage with the victim” as stated in the modified indictment does not include the facts constituting the crime acknowledged as guilty.

As above, the Defendant, by deceiving the victim as above, received from the victim’s single bank account (number I: I) and from the national bank account (number J: on March 24, 2008, received KRW 150 million from the Defendant’s mother to the national bank account in the name of K (number L: L). From that point to March 26, 2009, the Defendant received KRW 32 times through the said victim’s account or the K name account, etc., as shown in the list of crimes in the attached list of crimes.

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