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(영문) 대구지방법원 2017.08.11 2017고단1365
사기
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants were aware of the victim F as if the Defendant A was a financial expert and obtained an investment and acquired by deception.

In the office located in Daegu-gu, Daegu-gu, on December 2012, the Defendants are the victims of “A is a financial expert, and I believe this part of the office is correct.

In the world, I would like to see the first half of the world, the first half of the world, the first half of the PP in the foreign exchange financial business ‘B'.

In this sense, the person who has such ability was first considered.

The term “Defendant A” and “I will introduce a lot of profits when making an investment to Defendant A, and Defendant A will give 10% interest to the victim when investing money in the establishment of a spectrum financial corporation and pay the profits.”

“Falsely false.”

However, in fact, Defendant A was not a financial expert, such as there was no certificate of foreign exchange financing or no person engaged in the related business, and Defendant A was trying to use it for personal purposes, such as repayment of debts, even if he received investments from the injured party, and did not have any intent or ability to pay profits by establishing a financial corporation.

The Defendants, from the victim to the H’s account in the name of the H, shall be the KRW 30 million on December 7, 2012, and the same month.

8. The remittance was received in total of KRW 30 million, KRW 30 million on the 10th of the same month, KRW 10 million on the 111th of the same month, and KRW 113 million on the 12th of the same month and KRW 13 million on the 13th of the same month.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness F;

1. Part of the witness A’s legal statement (limited to Defendant B);

1. Some statements made to the defendant A concerning the suspect interrogation protocol of each prosecutor's office (in the case of the second prosecutor's examination protocol, including the statements made B and F in the case of the second prosecutor's examination protocol);

1. Some statements concerning the suspect interrogation protocol against the defendant B

1. Statement made to F in the police statement protocol;

1. A copy of a certificate;

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