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(영문) 수원지방법원 안산지원 2016.11.17 2016고단2556
사기
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall pay 11,047,326 won to the applicant for a compensation order.

3.2

Reasons

Punishment of the crime

On April 20, 2016, the Defendant made a false statement to the victim G who was introduced by F from F in F’s apartment site, a paper located in Seosan-si E apartment 102 Dong 1104, Seosan-si, 2016, stating that “The Defendant would make 10% of the investment amount if the mother engages in the business of selling the officetel, and if it invests in the business of selling the officetel, etc., he would make profits.”

In fact, the defendant did not have a studio in the business of selling officetels, and even if he received the investment money, he did not pay the profits after investing in the business of selling officetels and paying the profits, but did not pay the profits with the investment money of a new investor, and was operating the fund by the 'defluence' method that pays the profits of the existing investor with the investment money of a new investor. At the time of this case, he did not have the ability to pay the investment profits amounting to approximately KRW 52.8 billion, as

From April 20 to April 21, 2016 to April 21, 2016, the Defendant received KRW 26,886,500 from the above victim to the bank account (H) and the Agricultural Cooperatives (I) account in the name of the Defendant, and received KRW 26,886,50,00 each of them from 295,614,030, total sum of 19 times from March 24, 2014 to April 21, 2016, as shown in the annexed crime list.

Accordingly, the defendant was informed of the victims and received property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of a light report on J,K, L, M, N,O, P, Q, R, T, U, D, V, G, X, Y, and Z;

1. Details of transactions in each account;

1. Application of each statute on filing of a complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Reasons for sentencing of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Declaration of Provisional Execution [the range of recommending punishment] shall be the type of general fraud (the amount of more than 500 million won and less than 5 billion won).

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