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(영문) 의정부지방법원 고양지원 2020.02.04 2019고합285
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for eight years.

All of the applications for compensation of this case are dismissed.

Reasons

Punishment of the crime

In fact, the Defendant, even though there was no intention or ability to return the principal and interest of art-related investments, in collusion with the spouse B to receive investments by deceiving the victims as if they were to do so, and, around December 2013, in the Jung-gu Incheon, Jung-gu AC Victims Y house, “When he makes an investment in the art auction, he would pay the victim profits by paying more than 30% of the principal amount if he/she makes an investment in the art auction,” and then, he/she received KRW 25 million from the victim as the investment money under B as well as by deceiving seven victims as stated in the attached list of crimes from around the time to August 22, 2017.

Summary of Evidence

Article 3(1)2 of the former Act on the AA of Specific Economic Crimes (amended by Act No. 15256, Dec. 19, 2017); Articles 347(1), 30 (1), 347(1), 30 (Attachment Table No. 1, 5, 6, and 7; inclusive for each victim) of the Criminal Act; Articles 347(1), 30 (2), 37(4) of the Criminal Act (attached Table No. 2, 30 (Attachment Table No. 2, 3, and 4 of the Crime List No. 2, 30 (Attachment Table No. 2, 3, and 50 billion won of the Criminal Act; each victim’s comprehensive selection); Articles 37(1)2, 58(2), 50(2), and 500 billion won of the Criminal Act’s punishment for concurrent crimes; and each victim’s punishment for concurrent crimes shall be aggravated by imprisonment with prison labor for less than 500 billion won of the punishment for concurrent crimes.

The Sentencing Committee.

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