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(영문) 서울동부지방법원 2013.06.21 2013고단609
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On October 15, 201, the Defendant reported and contacted “C” office, a horse information service provider located in Gangdong-gu Seoul Metropolitan Government Defendant’s vehicle located in Gangdong-gu, and the Defendant reported and contacted newspapers advertising advertising that offer horse-type information to the victim D, “The Defendant collected from members one million won to five million won per capita in light of horse fund type, and distributed dividends once a week to the maximum amount of five times per week, and the dividends are ordinarily paid. Of dividends, 60% among dividends, the invested members, and the remainder of 40%, bring us. The principal shall be guaranteed. If the loss is loaded in the enemy, 100% of the principal shall be secured, and the profits shall be guaranteed.”

However, the facts did not have the intent or ability to guarantee the principal and the profits as the promise even if they received money from the victim and invested in the horse.

The Defendant, as such, by deceiving the victim, received 5,00,000 won from the victim to the passbook of a national bank in the name of E in the name of the Defendant, namely, from the victim’s seat.

2. On October 17, 2011, the Defendant made a false statement to the above victim that “The Defendant would guarantee the principal invested first, five million won of the capital of the first five million won of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the first five million won of the capital of the capital of the capital of the capital of the capital of the capital of the first five million won of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the capital of the first 100%

However, even if the money is invested, there was no intention or ability to guarantee the profit through the horse-satising operation.

The Defendant, as such, by deceiving the victim, received 15,00,000 won from the victim to the above passbook as investment money.

3. The Defendant around October 21, 201, at the same place as above and the victim above.

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