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(영문) 수원지방법원 2019.01.29 2018고단1666
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, “B,” “C,” “D,” etc. has no certain occupation, who was employed by the Defendant to operate a company with the name of “B”, “C”, etc.

On March 15, 2016, the Defendant: (a) made a false statement that the Defendant was a major company called “(State)G” to the Victim F in Ulsan, and (b) made an investment in G by the Company C, which is operated in the Republic of Korea,; (c) made payment of the investment amount to the Company C; and (d) made it false statement that it would make 300 percent profit at the time of payment of the investment amount to the Company C; and (c) made it called “(StateBB” in the bill of indictment from the Victim on the same day on the same day, but it appears to be a clerical error and corrected ex officio.

(hereinafter the same shall apply)

In addition to the remittance of KRW 3,90,000 to the account of the company, the amount of KRW 140,50,000 has been remitted to the account of (ju)B card under the pretext of investment in six times, such as No. 1 to No. 6 of the List of Offenses 1.

Then, on May 12, 2016, the Defendant: (a) falsely stated that “A company’s investment in the previous C company was lost and engaged in real estate rental business; (b) the Defendant received 6,500,000 won of the same day from the victim to the account of (b) D; and (c) received 32,50,000 won in total from the account of the LAD for investment purpose for three times, as indicated in [Attachment 1] Nos. 7 through 9 of the list of crimes in attached Form 1.

However, the Defendant was unable to make a normal investment in an investment product with a large profit, and the Defendant used the money received from investors, including the victim, for the payment of the principal and profit to other investors, and thus did not have any intent or ability to pay the principal and profit to the victim.

Accordingly, the defendant was given a total of KRW 170 million by deceiving the victim.

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