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(영문) 의정부지방법원 고양지원 2017.06.15 2016고단2960
사기
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Although the Defendants did not have a specific plan to proceed with the Internet sports relay business, they intended to receive the investment money from the victim E who became aware of through D after gaining access to the above business along with D.

In February 2016, the Defendants also want to purchase TV copyright, etc. from the “G” camera F in Gyeyang-gu, Soyang-gu, 2016 to the victim E to operate the Internet sports relay business.

It shall be returned by adding interest to 40% on the principal invested within at least three months but not more than five months.

Each of them made a false statement stating that he/she shall invest KRW 25 million.

However, the Defendants did not have any specific plan to proceed with the above business except in preparation for the office used by Defendant B, and even if they received an investment from the injured party, they thought that they would be used for personal purposes, such as fine payment, living expenses, etc., so there was no intention or ability to return the interest and principal to the injured party.

The Defendants received from the injured party a cash of KRW 15 million on February 16, 2016 and KRW 5 million on February 24, 2016, a total of KRW 20 million on cash.

As a result, the Defendants conspired to deception the victim by deceiving the victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness E, H and I;

1. A protocol concerning the interrogation of suspects by the prosecution against the Defendants (including E substitute part)

1. Statement made by the police for E;

1. A written statement which is an additional complainant;

1. The record of recording [the defendants' deception (the defendants notified the victim that they would not have any plan to invest funds in the Internet sports relay business of this case even though they did not have any plan to invest funds in the Internet sports relay business of this case], as they would invest 25 million won each, and the victim would have the principal and 40% profits within 3-5 months in the absence of specific plans or funds for the progress of the business.

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