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(영문) 서울서부지방법원 2014.12.23 2014고합145
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for nine years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, as the actual representative of F Co., Ltd. established for the purpose of advertising agency business, had the victim C introduced through G, which was known to Pyeongtaek around March 2012, by falsely explaining his/her business capacity, investment place, amount invested and profit-making contents, etc., with the intent to obtain money and valuables through the investment.

1. Around February 22, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Defendant made a false statement to the effect that, in the office of the victim located in the Seocho-gu Seoul Metropolitan Government H building 401, “The victim may purchase NAV advertising block in half value by having a very closely-friendly relationship with the Internet portal site, and purchasing NAV advertising block in KRW 1.5 billion. If NAV advertising block is purchased in KRW 1.5 billion, the victim would sell 2.75 billion in SK PK PP unit, and in this context, it would be able to pay a large amount of 10 billion won in KRW 10 billion in KRW 10 billion in KRW 1.6:4 in a year. The profits and correspondence distributed profits to 6:4, and such investment is made.”

However, even if the Defendant received money from the victim, it was impossible for the Defendant to pay the agreed profits to the victim because it did not have the intent or ability to sell it in the SKpls. The Defendant thought that the said investment was arbitrarily used as operating expenses, living expenses, etc. of F and the Defendant Company I separately operated.

As such, the Defendant, by deceiving the victim as such, received KRW 1.35 billion from the victim, around February 25, 2013, and received KRW 1.35 million from the victim to November 18, 2013, and acquired KRW 6 billion from the victim as stated in the attached crime list from the time to November 18, 2013.

2. The Defendant, as stated in paragraph 1, is proceeding with the project after receiving money from the victim as the source of investment funds in the NAV advertising block, as well as the use of the private document forgery and the use of the private document.

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