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(영문) 서울중앙지방법원 2018.08.17 2018고합416
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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

Reasons

Punishment of the crime

From 20 years ago, the Defendant has been serving as a prison between B and B.

The Defendant and B together, together with the past regime, attempted to gather investors from them to acquire money with a false statement of the fact that the expenses to be taken out of the warehouse kept in this custody, such as money, underground funds, etc. (e.g., gold bullion, USD, and money in old cash) is awarded to the lender, along with the principal of the expense.

The Defendant and B are interested in raising the above underground funds from the first patrolman of November 2015, the Defendant and B, who have colored investors with each other, B is interested in raising the above underground funds.

The victim D(U.S. citizen, Korean name E) was introduced, and on December 2015, 2015, the victim was the owner of the warehouse that is keeping the underground funds of this case, and even though he had a certain share in the warehouse in the non-franc shop located in Sungnam-si, Sungnam-si.

The underground funds can not be taken out because the amount of more than KRW 50 billion is kept in the warehouse and the amount of the underground funds can not be paid monthly to the security guards from the special type of company that is keeping the warehouse. If the necessary expenses are paid KRW 1 billion, the amount will be paid with the underground funds and KRW 10 billion after raising them.

“A false representation was made.”

However, as above, the Defendant and B did not own or manage a non-funds or a warehouse in which underground funds are kept, and there was no equity interest therein, and did not know about its substance. The Defendant thought to use the money received from the injured party for personal purposes, such as personal debt repayment, purchase price of cars, etc., and there was no intention or ability to pay the money received from the injured party within one month.

In this respect, the defendant and B conspired with the victim by deceiving the victim in the above manner, and receive the amount of KRW 80 million from the victim on December 21, 2015, including KRW 100 million.

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