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(영문) 대전지방법원 홍성지원 2018.12.18 2018고합55
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 25, 2017, the Defendant called the victim B at a non-permanent place and sells music in a foreign country with music professors who know well.

If the purchase cost of musical instruments is invested, 5% of the profits will be guaranteed.

“A false representation was made.”

However, in fact, the Defendant did not intend to purchase musical instruments due to the normal progress of the business of selling musical instruments at the time, and there was no intention or ability to return the investment principal and 5% profits, even if the Defendant was to use the invested money to return the money to other investors (the so-called “return prevention”).

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 100 million from the victim to the D Bank E account in the name of C; (c) from the victim; and (d) received from that victim KRW 100,000,000 from that time on November 16, 2017, a total of KRW 2,038,000,000,000,000,000 from that

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (F telephone conversations for a witness), investigation report (Attachment to the details of payment in the third name), investigation report ( telephone conversations for a witness G), investigation report (to make a witness H telephone conversations); and investigation report (to a witness H telephone conversations);

1. Application of each detailed statement of deposit transactions (Investigation Record Nos. 5, 9), transaction details, payment details on B, payment details on G, payment details on H to the G, G I bank account reply, H, and JD bank account reply legislation;

1. The reason for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the relevant crime;

1. Three years to thirty years from the imprisonment with prison labor for a prison labor;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be limited to the case where the victim is fully responsible for the expansion of damage to the victim, as well as the case where the victim is fully responsible for the type 3 (at least 500 million won, but less than 5 billion won) of the general fraud.

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