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(영문) 광주지방법원 2014.04.29 2014고단508
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. The Defendant is not in possession of a machine that can well meet the outcome of a sports game or raise the probability of winning the games, but does not go through a law to do so. Thus, even if a person opens a sports lottery ticket, a large amount of profit may not be paid, even if he/she receives an investment in the name of sports lottery, he/she could not repay the investment fund or pay a large amount of dividend to the investors. The Defendant was a plan to use the newly invested money from others for the payment of dividends to the existing investors, etc.

Nevertheless,

A. On June 27, 2013, the Defendant, who was an employee of U and V, and caused them to develop a program that can raise the probability of winning sports earth prizes, may increase the winning rate by increasing the winning rate. If investment is made to X, the Defendant would make a full repayment within one week and pay a large amount of interest. In addition, the Defendant received KRW 3 million in cash from the victim around July 1, 2013 at the above office from that time until July 19, 2013, and received KRW 39,300,000 in total seven times, such as the list of crimes in attached Table 1 (X).

B. The Defendant, at the office of Gangnam-gu Seoul Y501 around February 18, 2013, told the victim’s Z that “it may well meet the result of the sports soil lottery game in the Republic of Korea. If the Defendant makes an investment to B, 10% of the investment in each share shall be paid as profit dividends.” The Defendant received cash amounting to KRW 15 million on the same day from the victim and received KRW 50 million in total five times from that date until April 5, 2013, as indicated in attached Table 2 (Z).

C. (1) On February 4, 2013, the Defendant would pay 180% of the principal if he/she made an investment, as he/she could make an invention of a program that won the winning of protoo apartment 219 in Gangnam-gu Seoul Metropolitan Government.

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