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(영문) 대구지방법원 포항지원 2014.04.30 2014고정10
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 11, 2013, the Defendant made a false statement to the victim that “I can bring substantial profits if I make an investment in Macaro”. The investment profits are 4% or 5% per day, when I make an investment more than 30 million won per day, the investment period is 1 year, when the investment period is less than 30 million won, the investment period is 2 months, and at this time no money enters on holidays. When the investment period expires, I will return the investment principal at the expiration of the investment period.”

However, the fact that the defendant's investment case was false and did not have the intention or ability to return the investment profit and the principal as the promise even if he received the investment money from the victim.

As such, the Defendant received a total of KRW 5 million over five times, as in the crime sight table, by deceiving the victim by falsity and being delivered KRW 6 million around May 22, 2013.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on remittance statements;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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