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(영문) 전주지방법원 2018.04.19 2018고단408
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On April 21, 2014, the Defendant against the victim Y made an investment to the victim Y on April 21, 2014, “In the event that the Defendant is the president of the North Korean branch prior to the Z, and the head office cancels the high interest rate customer’s insurance at its head office and pays interest of KRW 400,000 to the customer at the compensation vehicle, with the interest rate of KRW 10,000,000 for six months, except for KRW 3.3% of the above amount, the Defendant would deposit KRW 386,800,000 with the exception of KRW 3.3% of the above amount.

“The program is a program that is not open to the public at the head office, and it cannot be known in detail where it invests, and instead, it makes a false statement that there is a promissory note equivalent to KRW 500 million in the name of AA, the representative director of the Z head office, which is in the name of the Z head office.”

However, there was no such investment program at the Z head office, and the defendant did not have the intent or ability to pay interest from the profit by guaranteeing the principal even if he received the money from the damaged party, because the defendant was prevented from returning the interest of the investors who received the investment from the investors later.

As above, the Defendant, as well as from around that time to December 1, 2015, received a total of KRW 250,000,000 from the victim by deceiving the victim as above, and received a remittance of KRW 20,000 from the victim to the victim as well as from that time to December 1, 2015.

2. On January 2014, the Defendant against the victim AB is aware of the victim AB at the parking lot of the movable church located in 70 in the name of the Seocho-gu, Seoul Special Metropolitan City on January 2014, “In order to save the amount of taxes to be paid, if the Defendant purchased a high-amount insurance contract with the victim’s money to save the amount of taxes to be paid, then he would make a less payment of taxes, and would make a less payment of taxes to the victim’s money, and the other employees who subscribed to an insurance contract with the victim’s money.

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