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(영문) 부산지방법원 2017.12.08 2017고합415
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. "2017, 415";

A. On March 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has invested KRW 2 billion in a construction company called “D” operated by the father of the father of the Gu in his/her family in order to pay the victim C interest of 2% per month compared to the principal.

B. The investment made to B shall pay 2% interest per month compared to the principal by investing it in the “D” above, and shall be returned within two to three months if the principal is to be returned.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have invested KRW 2 billion in D, and did not receive interest of KRW 200 million each month from D, and was liable for a debt amounting to KRW 600 million due to Internet Bada gambling. Therefore, even if the Defendant received the investment money from the damaged party, even if he did not pay interest of KRW 200 million per month compared to the principal according to the promise, even if he did not demand the return of the principal, the Defendant could not return the principal invested by the victimized party until he received an additional investment or borrowed money from another person by using the investment money already in repayment of the debt due to Internet Bara gambling.

In addition, the Defendant: (a) by deceiving the victim as above; and (b) received 2.5 million won from the victim’s bank account (G) in the name of pro-Japanese on March 10, 2016 to the F bank account (G) in the name of pro-Japanese E; and (c) received from that time a total of KRW 9,000,000 won from August 12, 2016, as shown in the Attachment 1 List 1.

Accordingly, the defendant acquired property by deceiving the victim.

B. On June 2013, the fraud Defendant: (a) was a company that engages in various activities, such as land trust and overseas trade, to the victim E at a closed place; and (b) would pay interest on the 25th day of each month on the 25th day of the month if the investment was made.

The phrase “ makes a false statement.”

However, in fact, the defendant bears the obligation of KRW 00,00,00,00,00,000 from the Internet Bara, and takes priority in receiving the investment from the next priority investors.

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