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(영문) 수원지방법원 안산지원 2012.09.21 2012고합57
특정경제범죄가중처벌등에관한법률위반(사기)등
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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On April 2010, the Defendant stated to the effect that “F” under the mutual frequency of “F” operated by the Defendant in Ansan-si, Ansan-si, the Defendant has been engaged in fisheries for 18 years in an Ansan-si area. It is necessary to purchase a livelihood. Many funds are required to purchase a livelihood. An investment would be 30% out of the monthly interest. The principal of the investment would be returned at any time when it wishes to recover.”

However, in fact, the Defendant did not have any intent or ability to return the investment money even if he received the investment money from the victim because the Defendant had a debt to the active fish-sellers amounting to approximately KRW 4-500 million, and the Defendant did not own property under the name of the Defendant, and the Defendant had no profit from the frequency of the Defendant’s management, and the Defendant paid the investment return with the investment money invested from other investors.

Around May 7, 2010, the Defendant, by deceiving the victim as above, received KRW 10,00,000 from the victim’s flood account (H) in the name of the Defendant, and obtained the money by deception from April 21, 2010 to December 10, 2010, as stated in the separate crime list, and obtained KRW 958,990,000 in total over 34 times in the same manner as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning I, J, K, G, L, and M;

1. passbooks and card transaction details (Evidence Nos. 3), investigation reports (amended by current status of investment funds and details of prohibition of investment) (Evidence Nos. 237), current status of investment funds and details of investment prohibition (Evidence Nos. 238), new bank account details (Evidence Nos. 239), Nos. 240, Nos. 241, 242, Nos. 242, Agricultural Cooperatives (Evidence Nos. 243, Nos. 243, and 244);

1. Investigative Report (Attachment of Documentary Evidence Nos. 229), N, F.

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