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(영문) 수원지방법원 여주지원 2017.10.26 2016고합105
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Imprisonment with prison labor for the crimes of Nos. 1, 4, and 6 in the judgment of the defendant, and for the crimes of No. 3, 5, and 7 in the judgment of the defendant, one year and four months.

Reasons

Punishment of the crime

[criminal records] On March 27, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Suwon Franchi, which became final and conclusive on June 19, 2015. On November 20, 2015, the Defendant was sentenced to a three-year suspended sentence in November 28, 2015, and was sentenced to a three-year suspended sentence in November 28, 2015. On July 7, 2017, the Defendant was sentenced to a eight-month imprisonment with prison labor at the Seoul Central District Court for fraud and became final and conclusive on September 12, 2017.

[Criminal facts] 2016 Gohap 105

1. On October 23, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim C in the office of the E-stock company (hereinafter “stock company”) operated by the Defendant in Seocho-gu Seoul Metropolitan Government, Seoul (hereinafter “stock company”) around October 23, 2014, there is 40% profits of 40%.

20% of the profits shall be paid to the Company, except for expenses.

“False speech was made to the effect that it was “.”

However, even if the Defendant received the investment money, it was thought that the Defendant would use it as a prompt term for the payment of profits to existing investors, living expenses, etc., and the Defendant did not have the intent and ability to pay the investment money and the agreed profits to the victim as the business itself, which received the investment money, is in an unsound state.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim for the purpose of making an investment on October 23, 2014, as well as received KRW 10 million from the victim to May 20, 2016, and acquired it by obtaining KRW 735.9 million in total over 26 times, such as the previous list of crimes (1) from the time to May 20, 2016.

"2017 Gohap 3"

2. On January 22, 2015, the Defendant against the Victim F was making an investment to the Victim F through H, a book for raising investment funds in G, operated by the Defendant, with “a business importing and selling gold from Africa” to the Victim F.

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