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(영문) 서울북부지방법원 2014.04.09 2013고단1263
사기
Text

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

Reasons

Punishment of the crime

around February 6, 2012, the Defendant: (a) placed the victim C as a special assistant to D Council members at the instant coffee shop located in Yongsan-dong, Yongsan-gu, U.S.; and (b) concluded that “When investing ten million won in the country, the Defendant would create 50 million won including the principal, around March 2, 2012; (c) made an investment of KRW 20 million, KRW 10 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 was transferred from the victim on two occasions to the new bank account (E) in the name of the Defendant on February 7, 2012.

However, there is no intention or ability to guarantee principal and profit even if the defendant receives investment from the victim because the defendant is not a special assistant of the D Council member and the above business of the D Council member is not a special assistant of the D Council member.

Accordingly, the defendant deceivings the victim and defrauds the above KRW 10 million.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of each protocol of police statement;

1. The punishment shall be determined as ordered in consideration of all the circumstances, such as the fact that there are several records of being punished for the same kind of crime for which the punishment of imprisonment is chosen, the defendant reflects the fact that the damaged amount is deposited for the victim, etc., under Article 347 (1) of the Criminal Act concerning the relevant criminal facts, the choice

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