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(영문) 의정부지방법원 2019.02.15 2018고합287
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The defendant is the representative of Cagricultural partnership in Gangwon-do Jeong-gun B.

"2018 Gohap287"

1. On October 17, 2017, the Defendant’s fraud against the victim D, at the above corporate office, and the fact that the Defendant runs.

The auction business of agricultural and fishery products, which had been conducted, was invested by another person in a way that does not have any substance and has been invested in order to repay the defendant's previous debts, and even if having received an investment, there is no intent or ability to pay the investment money and profit, and the victim does not have the intent to make a payment of the investment money and profit. In such a case, the victim made a false statement that "at least 10% of the principal and interest shall be paid after one week," and the victim received 3.5 million won from the victim to the above corporation account from November 29 of the same year, as shown in attached Table 1, and received a remittance of KRW 17,058,000,000 from the total of six times as investments.

Accordingly, the defendant deceivings the victim and defrauds the above 170,580,000 won.

2. On November 8, 2017, the criminal defendant against the victim E shall run the office of the above legal entity, while the criminal defendant shall run the facts.

The auction business of agricultural and fishery products, which had been an entity, is invested in a way of return from another person in order to repay the defendant's previous debt, and even if the investment was made, there is no intent or ability to pay investment funds and profits. The victim made a false call to the victim that "if there is insufficient money due to good return rate of return for agricultural and fishery products, 7% of the principal and interest shall be paid after the month." The victim received 35 million won from the victim to the above corporate account and received 35 million won from the victim from December 13 of the same year from that time, and received 170,540,000 won in total under the name of investment in seven times as shown in attached Table 2.

Accordingly, the defendant deceivings the victim and 175 million won.

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