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(영문) 창원지방법원 2014.11.18 2014고단816
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 2, 2005, the Defendant was sentenced to five months of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the execution of the above sentence on September 19, 2005.

[2014Kadan816] On October 3, 2008, the Defendant received 20 million won from the victim’s account transfer from the victim by means of his agricultural bank account (F) on the following grounds: (a) “A cafeteria located in Changwon-si,” “A cafeteria has invested money in B, and has invested money; (b) a 20 million won has been invested in B; (c) a 4-month period shall be 1 million interest and the last 5-month period shall be 1 million interest and the principal amount shall be 20 million won and interest 6 million won has been paid in a lump sum.”

However, even if the defendant received the above money from the victim, he did not use the money for the victim's stock investment, was expected to use it for the return of investment funds to other investors G, and there was no ability to guarantee the victim's profit (the annual return rate of 120%) for the five months agreed to by the victim.

After all, the defendant deceivings the victim as above and obtained 20 million won from the victim, thereby deceiving the victim.

[2014 high group 1371] On March 4, 2008, the Defendant made a false statement to the effect that “B is a partner of the church and is a stock expert, and B will return 100% of profits after ten months after making an investment.”

However, even if the defendant received investment money from the victim, he did not use the money for the share investment for the victim, and did not have the intention or ability to return the proceeds promised to the victim.

As above, the Defendant, from the time to October 8, 2008, deceiving the victim and received KRW 10,000 from the victim as investment money, as shown in the attached list of crimes, from that time.

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