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(영문) 서울중앙지방법원 2019.09.25 2019고단2291
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around January 2017, the Defendant stated that “A cafeteria located in Gangnam-gu Seoul Metropolitan Government, “A financial investment product that only operates VIP customers from E going to and from the Republic of Korea, has been made. The principal is guaranteed, and the profits of 15-20% may be seen as 2-3 months after the investment.”

However, the Defendant was only an insurance company called “E” as an insurance solicitor, and the said company did not have any financial investment product against VIP customers. Even if the Defendant received investments from the victim, the Defendant was planned to use it for personal purposes or make investments at will, and thus, the Defendant did not have the intent or ability to pay 15-20% profits within the several months.

On January 26, 2017, the Defendant, by deceiving the victim, received KRW 10 million in total from the F Bank account (Account Number G) in the name of the Defendant from the victim on January 26, 2017, and acquired it by deceiving the victim in the same manner as the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the statement B by the police and the prosecutor's interrogation protocol against the defendant

1. Each prosecutor's office and police statement concerning B;

1. An investment contract for each stock agency, an exercise fund investment contract, or a fund repayment contract;

1. Details of transactions by account and account details;

1. Application of Acts and subordinate statutes to investigation reports (including submission, etc. of a warrant for search, seizure, and inspection to a warrant for execution referred to in 2018-31497) and investigation reports (the confirmation, etc. of details of transactions in the name

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 32(1)3 and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed;

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