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(영문) 서울중앙지방법원 2018.11.15 2018고단1746
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant committed the crime in 2016 at G Hospital planning and office located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City F around June 2016, to the victim J who became aware of in the course of operating the Internet site H H H Kaf, as K, “The Defendant has an opportunity to invest in the improved portions of debt structure.”

The term "an investment in a business that operates an integrated substitute exchange," which states that 14% of the principal per month shall be distributed as profits, and all principal and profits shall be paid once every three times."

However, even if the defendant received the investment money from the injured party, he was planned to use it for the personal purpose of the defendant without a plan to invest in other businesses, and there was no intention or ability to pay the principal and the profits to the injured party.

As such, the Defendant, by deceiving the victim, was transferred KRW 3,500,000 to a L safe account in the name of the Defendant for investment, from the victim, as the sum of KRW 2,00,000,000, around July 21, 2016, and KRW 1,500,000 on August 24, 2016.

2. On May 2017, the Defendant, who committed the crime of 2017, concluded a false statement to the effect that “The Defendant is urged to pay the principal and the profits within a month from 15 days to 2017, in order to obtain payment demands from the injured party due to the amount of money obtained by deception as above,” and that “The Defendant shall be entitled to return the principal and the profits within a month from 15 days to 201.”

However, even if the defendant received money from the injured party, he did not have the intention or ability to pay the principal or the profits.

As such, the Defendant, by deceiving the victim, received KRW 50,00 from the victim on June 2, 2017 to the corporate bank account under the name of the Defendant, and received a total of KRW 46,140,000 from the above day to October 15, 2017, including the transfer of KRW 50,000 from the victim to the corporate bank account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A detailed statement of account transactions;

1. Return on the return of M/securities in the name of the person under consideration;

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