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(영문) 서울중앙지방법원 2018.12.21 2018고단5758
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant around April 2015, at C located in Gangnam-gu Seoul Metropolitan Government around the end of April 2015, the defendant tried to hold the E Games by four persons, including B, to receive dividends according to the investment shares after holding the Games.

If investments are made in this Games, at least 100% of the investments will be refunded.

“.......”

However, even if the defendant receives money from the injured party, he was planned to use it for an individual purpose, such as repayment of existing debts, living expenses, etc., and he did not have an intention or ability to make an investment in the E Games or to make a promise to

Nevertheless, on June 16, 2015, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 7 million to a new bank account in the name of the F that was designated by the Defendant on or around September 3, 2015; (c) received KRW 45 million from the Japanese bank account in the name of the Defendant on or around October 13 of the same year; and (d) received KRW 37 million from C to the Japanese bank account in the name of the Defendant on or around October 13 of the same year; and (e) received KRW 20 million from the Japanese bank account in the name of the F on November 6 of the same year.

Summary of Evidence

1. A witness D’s legal statement “The money was paid as an investment in the E Games.”

“The victim’s statement” has credibility.

1. Application of Acts and subordinate statutes, such as a detailed statement of gold transfer transactions (time 5), a detailed statement of each transaction (time 7.8), a statement of text message transmission (time 17), a statement of text message transmission (time 17), and a photograph of capturing text messages (time 24);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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