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(영문) 광주지방법원 목포지원 2017.12.19 2017고단1110
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be liable for compensation of KRW 23,000,000 to the applicant C.

Reasons

Punishment of the crime

On September 15, 2015, the Defendant made a false statement to the effect that “If a person makes an investment in money, he/she would purchase Onnuri gift certificates at a low price through bank employees and sell them at a low price and pay the difference between the market price.”

However, in fact, the defendant was aware that he was unable to purchase a large quantity of Onnuri gift certificates, and there was no intention or ability to pay the difference to the victim in the market price by purchasing and selling Onnuri gift certificates, even if he received money from the injured party because he thought that he was to use it as return of investment expenses to the existing investors and personal living expenses.

Nevertheless, the Defendant received KRW 12,00,000 from the injured party to the Han Bank Account (M) account under the name of the Defendant for the same day, and acquired the total amount of KRW 1,137,440,000 from around that time to August 2, 2017 by delivery from the victims as shown in the attached crime sight table 1 to 12.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against J, N, D, C,O, H, K, and L;

1. Application of the Act and subordinate statutes to arrange the transaction details by victim, such as the photograph of the Nongng AFC, the photograph of the text message, each transaction to cover each page, each transaction document, each transaction document, each transaction document, each transaction document, each transaction document, each account, the details of passbook transaction, receipt, remittance confirmation, deposit confirmation, each transaction document, each transaction document, each transaction document, each transaction document, one bank transaction details, each transaction document, each transaction document, each bank transaction details, each transaction document, each victim bank transaction details, and each victim bank transaction details;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (with respect to each victim, each victim shall be punished by imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The promotion of each lawsuit, etc., of compensation order and provisional execution sentence (applicant C, D, G, I,K).

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