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(영문) 서울중앙지방법원 2012.11.08 2012고정3346
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 24, 2009, the Defendant was sentenced to one year of suspended execution for four months of imprisonment for fraud at the Seoul Southern District Court on September 1, 2009, and the judgment became final and conclusive on September 1, 2009. On June 29, 2010, the Defendant was sentenced to two years of suspended execution for one year of imprisonment for fraud, etc. and became final and conclusive on July 7, 2010.

The Defendant and C are those who operated a similar receiver of the building 410 in Gangnam-gu Seoul Metropolitan Government (E).

Around February 25, 2008, the Defendant conspired with C to pay 4,80,000,000 won per 1,100,000 won of the investment amount to the victim F, on the ground that, even if he was unable to expect a failure in the foreign exchange transaction, he did not have the ability to return the principal or more profit even if he was to receive the investment amount, and the Defendant was making an investment to C as a foreign exchange transaction, and even though the Defendant did not have the enormous damage equivalent to KRW 150,00,00,000,000,000,000 won per day for 4,000,000 won per 1,100,000 won of the investment amount, the Defendant received from the victim who believed it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Cash storage certificate related to the request for sale and purchase of foreign currency futures;

1. Previous records of judgment: Residents' inquiry and criminal records, references to criminal records, previous records of disposition and report on confirmation of results thereof, and application of Acts and subordinate statutes to investigation reports (former records and report on attachment of judgment);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The instant crime in the grounds for sentencing under Articles 70 and 69(2) of the Criminal Act is not only the criminal facts of each final judgment and the victim as stated in the above criminal facts, but also the criminal facts of each final judgment and the criminal acts of fraud in the same number of methods. In addition, the crime of each final judgment and the latter concurrent crimes under Article 37 of the Criminal Act are related to the crime of each final judgment and the latter concurrent crimes under Article 39(1)

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