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(영문) 수원지방법원 성남지원 2015.04.14 2013고단3014
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 2, 2011, the Defendant: (a) invested the victim AC Bank located in Western-si AB in Seoan-gu, Seoan-gu, Seoan-gu, in the M (State)-Free Corporate Bonds, and distributed profits equivalent to 20% of the principal amount after one year; and (b) paid the principal amount to AD.

However, in fact, the defendant was thought to use the money received from the victim to repay other debts owed by the defendant, and there was no intention or ability to pay investment profits to the victim.

As above, the Defendant received a total of KRW 25 million from the victim, including KRW 8.2 million on February 17, 201, and KRW 16.8 million on February 21, 201.

2. On April 2012, the Defendant, at AF Office located in AE at AF Office at AF Office at AE at AF at AF at AE at the end of Busan Metropolitan City, saying, “If you leave B more than KRW 20 million, 500,000 shall be added to interest to the total of KRW 50,000,000,000,000,000,000 shall be paid 5,40,000 per month.”

However, in fact, the defendant was thought to use the money received from the victim to repay other debts owed by the defendant, and there was no intention or ability to pay investment profits to the victim.

As above, the Defendant received KRW 20 million, including the sum of KRW 5 million on April 27, 2012, KRW 5 million on the 28th of the same month, KRW 5 million on the 29th of the same month, and KRW 5 million on the 30th of the same month.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

2. Statement made to AD by the police;

3. Details of each account transaction, investment agreement, certificate of entry, and the application of Acts and subordinate statutes of the fund investment contract;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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