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(영문) 서울중앙지방법원 2017.05.30 2017고정607
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On August 29, 1998, the Defendant was sentenced to a suspended sentence of 1 year for fraud at the branch of the Seoul District Court in the Seoul District Court on August 29, 1998. On September 8, 2016, the Seoul District Court sentenced a suspended sentence of 2 years for a year of imprisonment due to a crime of fraud, a crime of violation of the Regulation of Similar Receiving Act, a crime of violation of the Finance Business Act, and a crime of violation of the said Act. On September 20, 2016, the judgment became final and conclusive on September 20, 2016. On November 10, 2016, the Seoul District Court sentenced a suspended sentence of 2 years for a crime of violation of the Act on Specialized Credit Finance in the Seoul District Court on June 18, 2016.

[2] The Defendant, at the office of Gangnam-gu Seoul FK Officetel 702 on June 6, 2014, distributed profits to the victim FM through FL through FL, “FN Co., Ltd. operating various business.” If it invests KRW 1 million in this business, he/she will pay KRW 200,000 per week thereafter.

“A false statement was made to the effect that it was “.”

However, the Defendant was unable to guarantee the principal and profit of 120% because he did not possess an item of business that may incur profit. The Defendant’s business method was a structure that makes it impossible for investors to pay the profit initially promised to the victim, unless the investors continuously increase by means of attracting other investors after receiving investment money from the damaged person and paying the profit to the victim with new investment money. Therefore, even if receiving investment money from the damaged person, the Defendant did not have the intent or ability to make the victim obtain such profit.

As such, on June 5, 2014, the Defendant, by deceiving the victim, was given KRW 15 million under the pretext of investment from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the FM;

1. Each report on investigation;

1. A complaint, a written statement, a document verifying transaction details, a document verifying transaction details, a cash loan certificate, a copy of a bankbook, a copy of each account, and a copy of a passbook;

1. Before judgment:

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