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(영문) 서울동부지방법원 2015.05.08 2014고합396
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Criminal facts

The Defendant, in collusion with AM, intended to acquire money under the pretext that it would give a large amount of investment interest when investing money in a gas station business operated by AM to the victim N or AO, and the Defendant was responsible for inducing victims, and AM shared duties to act as an expert in petroleum distribution and sales in six amount of oil.

1. The Defendant and AM in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the VictimN in accordance with the above public offering, and on March 2009, the Defendant recommended the VictimN to the victim and the Defendant to “as the Defendant has reported enormous profits by purchasing and selling petroleum products much more than the market price while owning and operating a number of gas stations in the supra,” and around that time, AM provided a victim with the Defendant and her petroleum expert training.

However, even if the defendant received investment money from the victim, the defendant did not have the intent or ability to pay the principal or to pay the profit.

Nevertheless, the Defendant, in collusion with AM, by deceiving the victim as such, received KRW 21.3 million from the national bank account in the name of the Defendant’s senior mother on March 16, 2009 to the national bank account in the name of the Defendant’s senior mother on the pretext of investment, and received KRW 582,80,500 in total once from around that time to May 29, 2009, as shown in [Attachment Table 1]-1-2,80,500 in total, as shown in [Attachment Table 1-11] to the same name.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On May 2009, the criminal defendant against the victim AO made a solicitation to the victim AO to the effect that "AM, a ship on board, received money from the victim with an agricultural tax-free card and sold the oil to the gas station. NN also received profits from investing money, and around that time, AM is petroleum for the victim."

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