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(영문) 서울중앙지방법원 2017.06.09 2016고정4428
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A defendant and C have no intention or ability to pay 2% or 3% of the principal of investment every day to the victim as profits even if they receive investments from the victim D.

Nevertheless, around June 2015, C invested funds that enable the Defendant to engage in various gamblings on the gambling website of the Seoul Dongjak-gu Seoul E site by leasing the office to the Defendant on the F, the Defendant deposited the game money on the above website and received approximately 3% of the principal deposit, thereby preserving the principal as it is and continuing to operate the gambling game with only 3% of the principal.

If you make an investment in the Korean test, 1.5% of the principal per day shall be paid as profits, and the principal shall be returned at any time only when it is known in advance.

The phrase “ makes a false statement.”

The Defendant and C received from the injured party the deposit of KRW 10,00,000 on October 16, 2013 in the name of C (G) under the pretext of investment.

In addition, the Defendant and C received 60,300,000 won in total from the victims on seven occasions as shown in the list of crimes in attached Form from around that time to November 25, 2013 as investment proceeds.

Accordingly, the defendant, in collusion with C, deceiving the victim, thereby deceiving the property.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. The application of Acts and subordinate statutes to each letter of repayment plan and payment performance, each letter of payment, a copy of a fair deed, a copy of a loan certificate, a statement of transaction of Saemaul Treasury in the name of complainant D, a copy of a Saemaul Treasury in the name of complainant, and a statement of transaction of the Credit Union Account in the name of suspect

1. Article 347(1) and 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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