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(영문) 춘천지방법원 원주지원 2013.04.02 2013고단51
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant was sentenced to six years in Seoul Central District Court on April 16, 2010 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and confirmed on August 21, 2010.

1. Around May 2008, the Defendant made a false statement to the victim B and C as “(State) D” corporation at the Gangnam-gu Seoul Western-dong, Gangnam-gu, Seoul. The Defendant made a false statement to the victim B and C, stating that the Defendant would return profits of at least ten times when investing money.”

However, there was no "(State)D" company, and there was no intention or ability to return profits to the victims by investing in the Rototo Project as agreed to be used by the defendant for the repayment of the existing obligation with money from the victims.

Around June 2, 2008, the Defendant received KRW 150,000,00 from the victims to the foreign exchange bank account (E) of the Defendant.

Accordingly, the defendant was provided property by deceiving the victims.

2. At the end of August 2008, the Defendant made a false statement to the victims that “it would be listed immediately with the Internet Baduk Cable TV stocks, which are Internet Baduk broadcasting, and if listed, it would be said that it would be the Gabling Day and make an investment as a share purchase price.”

However, there was no intention or ability to purchase Baduk cable TV stocks as agreed to be used by the defendant for the repayment of the existing debt by receiving money from the victims.

Around September 4, 2008, the Defendant received KRW 20,000,00 from the victims to the foreign exchange bank account (E) of the Defendant.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning the disposal of accounts transferred;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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