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(영문) 대전지방법원 2013.09.27 2012고정2668
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around September 2010, the Defendant and C made a false statement to the victim F at the 7th floor E office of the Daejeon Jung-gu Seoul Special Metropolitan City D Building, stating that “E, if it is a company that imports goods from China and invests KRW 5 million in China, it shall pay monthly dividends of KRW 200,000,000,000, and the principal shall be paid at any time when the party wishes to recover.”

However, even though it was necessary to import goods at the time of dissolution, it was not possible to import the goods from dissolution due to the failure to attract the money, and it was planned to use the funds of the victim for the purpose of lending them to G, and there was no intention or ability to repay them even if they received an investment from the victim.

On September 10, 2010, the Defendant, in collusion with C, by deceiving the victim, received five million won from the victim to the national bank account (H) in the name of the Defendant on September 10, 2010, by deceiving him.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by a witness F in the third protocol of the trial;

1. Partial statement of a witness I;

1. Application of the police interrogation protocol to C

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he/she believed the horses of C and introduced the victim to C, and that he/she did not deceiving the victim in collusion with C. However, according to the evidence of the judgment, the Defendant recommended investment, such as ① (i) the Defendant introduced C to the victim, and (ii) the Defendant, “C has been able to help and help the Defendant recover the principal after sending the investment money to the account under the name of the Defendant as he/she has been well restricted,” and (iii) the Defendant received five million won from the I, which was recommended to make an investment with the victim on August 12, 2010, after receiving the transfer of the investment amount from C.

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