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(영문) 서울중앙지방법원 2019.08.28 2018고단5350
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 13, 2018, the Defendant made a false statement to the victim C in a coffee shop located in Gangnam-gu Seoul, Gangnam-gu Seoul, stating that “B purchases gold from the military unit and reports the profits from the market price profits during the time of the purchase of gold by investing KRW 15,500,000,000, which would be 50,000,000,000,000,000,000 won, may be punished for profits from market price.”

However, in fact, the defendant did not have the intent or ability to share the profits to the remaining victims by purchasing gold with the market price profits.

On February 14, 2018, the Defendant, by deceiving the victim, received KRW 15,500,000 from the victim to the E-bank account (F) account in the name of the husband of the Defendant.

2. On March 2018, at the place indicated in paragraph (1) of this Article, the Defendant: (a) false statement stating that “The Defendant, on March 2018, purchased gift certificates in large volume, and sold them to China, would make profits if he/she sold them to the Defendant. If 30 million won is invested, 3 million won of profit would be paid every four times in a month.”

However, in fact, the defendant did not have the intention or ability to divide profits into remaining victims after purchasing merchandise coupons, only he thought that he would pay his other debt with money from the victim.

On March 8, 2018, the Defendant, by deceiving the victim, was transferred KRW 30 million from the victim to the H Association account (I) in the name of the Defendant G.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Details of transfer, the details of transactions, cash storage certificates, and the details of transfer;

1. The contents of conversation;

1. Application of details of transactions and customer information statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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