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(영문) 인천지방법원 2016.11.24 2016고합245
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Attachment] The Defendant is a person in charge of registration, etc. at the F judicial scrivener office located in Bupyeong-gu, Seoul Special Metropolitan City from November 2010 to December 1, 2015.

At the time, the Defendant invested in the so-called “Brige lgeland” (in case where the time goes until the urgent necessary funds are raised due to the bid price, etc. of real estate, etc., by short-term loans, etc.) or invested shares in personal stocks under the conditions that guarantee the profits of high interest rate, but it is difficult to secure a proper investment place, making no particular profit or profit.

As a result, the Defendant, which is a subordinate investor, has to ensure the profits of certain victims, and to ensure that some victims who are existing investors request an investment, or to make an investment that has been raised by requesting an additional investment, has to pay the so-called “competing” the investment principal and the profits of other investors. Since there was no particular property, the Defendant did not have the intent or ability to pay the investment principal and the profits promised to the victims properly.

Under the above circumstances, the Defendant committed the following crimes.

【Criminal Facts】

[2016Gohap245]

1. Violation of the Act on the Aggravated Punishment of Specific Economic Crimes;

A. A. On January 17, 2014, the victim G Defendant made a false statement to the victim at the said certified judicial scrivener office stating that “if an investment is made in one month to three months, 7-30% interest per month shall be paid, and if the period expires, 10,000,000 won shall be returned without any framework of the investment principal.” This shall be the victim’s remittance from the victim to the Defendant’s deposit account in the national bank’s name for the same day, as shown in attached Table 1, as shown in attached Table 1, from January 17, 2014 to October 28, 2015, all of them shall be KRW 3,727,90,000,000 in total as investment money for 96 times.

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