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(영문) 수원지방법원 2012.08.23 2012고합123
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On March 12, 2004, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) said on March 12, 2004, the Defendant falsely stated that “A victim D (the age of 44) has a defense company that created the scisco’s funds, and the Defendant has invested in the company, thereby making profits of 3% per month. If 1.5 million won is brought about, 1.5 million won will be invested in the company, 2% per month will be paid interest. If the Defendant wishes to receive an interim return, he/she will return the money at any time only before the month.”

However, the fact is that E Co., Ltd., in which the defendant invested money, did not invest all the money received from the victim, but did not have any intent or ability to repay the money even if it borrowed money from the victim as investment money because there was no property in the name of the defendant.

The Defendant, as such, by deceiving the victim and receiving KRW 150,000,000 from the victim on the same day, received a total of KRW 1,50,000 from February 25, 2005, as shown in the separate crime list, and received KRW 1,58,00,000 from the victim.

2. On May 8, 2006, the fraud defendant, at the defendant's office on May 8, 2006, stated that "the defendant operates FFF corporation, and the employees need monthly pay-off loans. The FF corporation is operating hot spring development business in the permanent residence of North Korea. The FF corporation may use 2% interest per annum from the new capital." Accordingly, the FF corporation falsely stated that "one hundred million won will be repaid in one month."

However, even if the victim borrowed money from the victim, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received money from the victim to the account of his/her father G with the same day, KRW 54.8 million, and KRW 1.6 million on May 9, 2006 from the victim to the account of his/her father’s wife.

Summary of Evidence

1. Each of the witnesses D, H and I.

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