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(영문) 서울동부지방법원 2016.09.29 2016고단1898
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Eastern District Court, and the said judgment became final and conclusive on September 2, 2016.

1. On October 10, 2014, the Defendant: (a) around October 10, 2014, at a cafeteria of non-specific rice located in Songpa-gu Seoul Songpa-gu, the Defendant plans to raise the share of the Company to the victim C, the motive of which is an elementary school.

The return on February 2015, which was later than a few months, is used as an investment deposit, and the dividend from around February 2015, will be more than two to three times the principal.

In this way, there is no need to see whether there is a lot of profit.

The content of this investment should not be able to say, and it should be kept confidential.

The phrase “ makes a false statement.”

However, even if the defendant received money from the injured party as the source of investment, he was thought to use the money for his debt repayment, etc., and he did not have the intention or ability to return the dividends of high profits to the injured party by investing in stocks, etc.

Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim on October 20, 2014; and (b) transferred KRW 60 million to the D’s account designated by the Defendant on October 20, 2014; and (c) KRW 80 million to the same account on October 23, 2014.

2. On November 26, 2014, the Defendant rendered a decision by telephone to the said victim on the phone at an insular place.

Korean companies have expanded their business areas and opened a counter of 10 billion won in the Military Mutual-Aid Association.

The ratio of distribution is increasing and the money game is expected to be made.

If any more investment is made in the counter to open, it is possible to impose more money.

In addition, it is expected to give more profits and send more investments. "A false statement was made."

However, as seen earlier, the Defendant’s intent or ability to return the dividends of high profit to the victim as agreed by the victim.

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