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(영문) 서울서부지방법원 2017.07.05 2016고합343
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On August 11, 2016, the Defendant was sentenced to eight months of imprisonment for criminal fraud at the District Court of Jung-gu on August 11, 2016, and the above judgment became final and conclusive on October 18, 2016.

[2] A part of the facts charged in the indictment was corrected or revised according to the facts obtained through the examination of evidence to the extent that the facts charged do not disadvantage the defendant's exercise of his/her right to defense

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for KRW 1.5 billion, with the trade name of "E" in Yongsan-gu, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, and was engaged in the software development and supply business, and invested in stocks and derivatives. The Defendant, upon receiving a request from creditors and investors for repayment of debts and return of investment money from the beneficiary and investors, knew that the victim F, who became aware of any money without repayment or return, was able to use the money for personal debt repayment and personal purpose, and to use it for a high risk investment.

The defendant around May 201, at the victim's office located in the Gangdong-gu Seoul Metropolitan Government Building 201 G building, "Korean company is able to make a lot of profits by investing in crude oil gifts, etc., and find investors due to lack of funds.

In making an investment, 2.5% interest per month shall be paid every year, and 70% of the investment amount may be stably secured if the securities company secures the bonds of the securities company, making a false statement to the effect that the principal shall be returned within one year.

However, unlike the defendant's promise to receive money from the injured party, the defendant's intent to secure profits and principal by stably investing not only in the amount of money used for the purpose of repayment of existing debts and return of investments, but also in the use of funds necessary for the defendant's investment practice using illegal loan account.

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