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(영문) 서울중앙지방법원 2014.02.11 2013고단3191
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 6, 2011, the Defendant stated that “Around December 6, 2011, the victim E establishes and operates a D office located in Seoul Jung-gu Seoul Metropolitan Government C Building 805, “Ap. F. F. F. A. F. F. F. F. F. F. F. F. F., an investment would be made because it can bring about profits at least 10% by investing in stocks. If profits or profits are not paid individually, it would compensate

However, even if the Defendant received money from the victim, he could not make a profit by investing in the shares, and there was no intention or ability to pay the money received from the victim due to the difficulties in the management of the company.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 30 million won from the victim to the Japanese bank account in the name of F Co., Ltd. on the same day.

2. Around January 26, 2012, at the same place as Paragraph 1, the Defendant concluded that “The Defendant would raise 50% profits by raising the share price after the acquisition of the shares in the Alley branch” to the victim E at the same time as that of Paragraph 1.

However, even if the defendant received money from the victim, he could not make 50% or more of the investment in the shares, and there was no intention or ability to pay the money from the victim because the management of the company at the time is difficult.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 50 million from the victim to the Japanese bank account in the name of F Co., Ltd. on the same day, and acquired KRW 50 million from the same account on January 30, 2012, and acquired KRW 100 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Entry of some of the suspect interrogation records on the accused in the suspect interrogation protocol and E among the interrogation records on the accused;

1. The statement of E in the third police interrogation protocol against the accused;

1. Each investigation report (No. 4, 7).

1. A complaint;

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