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(영문) 인천지방법원 부천지원 2016.11.29 2016고단2605
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 20, 2006, the Defendant stated to the effect that “The funds need to be raised to increase the shares of the company run within the country, 15% of the investments shall be made in return for the principal and shall be repaid together with the principal,” to the victim D who became aware of the company’s mutual infinite restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu through the branch C.

However, in fact, since the company operated at the time was a company with no substance, there was no plan to increase its capital as a matter of course. The defendant did not have any particular property or income, and even if he received money from the victim for the purpose of making investments, he did not have the intent or ability to pay the principal or pay the principal. After withdrawing and exchanging the money with the above money, he left Vietnam and was thought to escape.

Around November 8, 2006, the Defendant, by deceiving the victim as above, received a remittance of KRW 250 million through the said C from the foreign exchange bank account in the name of the Defendant to the foreign exchange bank account in the name of the Defendant, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of public prosecutor C (list 27);

1. An interrogation protocol of police officers regarding E (list 15);

1. Statement by the prosecutor on D (List 29);

1. Current status of personal entry and departure (list 9) and details of each account transaction (list 20, 33, 35);

1. Application of Acts and subordinate statutes to investigation reports (List 22);

1. The relevant law on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the conditions favorable to the defendant's reasons for the sentencing of imprisonment (to obtain 10% profit per day, not due to due consideration of all the circumstances in which the victim who delivered a large amount of money to the defendant in the name of investment deposit is also responsible for the occurrence of the crime and the expansion of damage) and the plan to escape abroad by deceiving the victim under the above-mentioned several laws disadvantageously, and then by deceiving the victim in advance, he shall obtain the large amount of money up to 250 million won by deceiving the victim.

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