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(영문) 광주지방법원 2015.06.19 2015고단1450
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On July 201, the defrauded of the Victim C made a false statement to the victim C, stating that “When the Defendant is engaged in domestic bond business, he/she will make a bond with the money to the victim C, he/she will deposit the proceeds of 2-3 times the investment amount into the account after opening a stock account.”

However, the defendant did not engage in the bond business and had the intent to use it as entertainment expenses, etc. even if he received investment funds from the victim, so there was no intention or ability to pay the profits to the victim.

From August 18, 2011 to January 201, 2012, the Defendant received a total of KRW 122,431,972 from the victim as stated in attached Table 1, in total, 122,431,972.

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

2. The Defendant against the victim D made a false statement to the victim D with the same content as that set forth in paragraph 1 at the time of the sports strike around May 2011. However, in fact, the Defendant did not engage in the bond business, and even if receiving investment funds from the victim, did not intend to use the funds as entertainment expenses, etc., so there was no intent or ability to pay the proceeds to the victim.

From May 27, 2011 to February 2012, the Defendant received a total of 68,359,821 won from the victim as stated in attached Table 2, in total, 11 times as investment money.

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

3. The criminal defendant against the victim E made a false statement to the victim E with the same content as that set forth in paragraph 1 at the time of the sports strike on May 2011. However, the criminal defendant does not engage in corporate bonds, and even if receiving investment funds from the victim, he/she intended to use them as entertainment expenses, etc., so he/she is willing to pay the proceeds to the victim.

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