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(영문) 서울중앙지방법원 2013.06.20 2012고합1575
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, among June 201, in a restaurant of “F” in Gangnam-gu, Seoul, and the cash donation terminal business (one name KIOSK business; hereinafter “instant business”) in which the Defendant was in progress at the time, is in a planning stage, but in a situation where business profitability is weak, and when attracting investment in the said business-related business, he/she had the intent to use part of the investment money as Defendant’s living expenses or G operating expenses, despite the fact that he/she had the intent to use it as Defendant’s living expenses or G operating expenses, he/she can expect a large amount of profit if the Defendant continued the instant business in connection with the Korean Red Cross even though he/she had the intent to use it as Defendant’s living expenses or G operating expenses. If he/she had already completed the specific preparation for the instant business, such as consultation with the Korean Red Cross, and has invested KRW 500 million in the Republic of Korea Red Cross, he/she established the corporation to be the main agent of the business and received a large amount of profit from the Defendant’s apartment from around 1700 billion.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's office and police interrogation protocol of the accused (including the statement of H);

1. The legal statement of the witness H and a part of the J's legal statement;

1. Each police statement of H;

1. Protocol of e-mail prepared by K;

1. The application of Acts and subordinate statutes on donation system and infrastructure construction, business agreement, copy of passbook, investment contract, expected profits and place of installation, real estate copy, certified copy of a register, copy of a register, copy of a check, and specification of transactions to Acts and subordinate statutes;

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 of the Criminal Act for the crime.

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