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(영문) 서울북부지방법원 2017.02.02 2016고단4294
사기
Text

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

Reasons

Punishment of the crime

On October 26, 2007, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts, at the Seoul Central District Court, and completed the execution of the sentence at the Chuncheon Prison on May 1, 2009.

1. Around October 7, 2010, the Defendant may impose a large amount of money on the victim’s laundry operated by the Victim AL in Seocho-gu Seoul Metropolitan Government (hereinafter “AL”) in a laundry operated by the victim AL.

In making an investment, the said investment made a false statement to the effect that it would give shares or dividends within two to three months.

However, at the time of fact, the Defendant received approximately KRW 2 billion from several persons in return for investment in the corporate acquisition business, and did not receive the profits. The personal debt reached the amount equivalent to KRW 12-1.3 billion, and there was no intention or ability to make profits from the victim by receiving money from the victim because he/she thought that he/she will be used for the settlement of the card price or the office operating expenses.

Nevertheless, the Defendant, by deceiving the victim as such, was transferred to the Defendant’s bank account on the same day from the victim.

2. On November 2010, the Defendant, at the shop located adjacent to the Defendant’s residence in Seocho-gu Seoul, Seocho-gu, Seoul at the end of November, 2010, may receive more than twice profits from the Defendant’s purchase of the shares of a company managing high speed railroads, where Korea orders Mexico to carry out construction works.

It made a false statement to the effect that the investment will guarantee the principal and that the 250% of the profits will be paid.

However, for the reasons stated in Paragraph 1, the defendant has not only been able to make a profit by investing in stocks, but also to use the office's operating expenses for receiving money from the injured party.

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