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(영문) 부산지방법원 서부지원 2017.05.17 2017고단176
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant had been aware of it in AW hotel located in AV, Busan Metropolitan City on December 2, 2015.

With the introduction of AX, the victim AY is planned to work together with AZ travel history in China to operate travel projects, such as accommodation and travel guidance, against Chinese tourists coming from Jeju-do.

In order to secure accommodation facilities, early investments are needed.

After the phrase "after it was false, on February 25, 2016, the victim called "the project is well progress," and the amount of investment is flicker.

The level of KRW 40 million is urgently needed.

If investment is made, 7% of the investment will be paid as interest every 40 days.

The phrase “the phrase was false.”

The facts are as follows: (a) at the time of operating a travel company, the Defendant continued to run a business in the form of “return prevention”, such as raising investors, receiving investment money, and paying it as profits to other investors; and (b) even if receiving investment money from the damaged party, the Defendant did not have any intent or ability to make the victim obtain agreed profits by running the business due to the relationship between paying profits to other investors or repaying obligations to the creditors.

Ultimately, the Defendant, by deceiving the victim as above, received 33 million won from the victim to the account in the name of the Defendant following the date of the occurrence of the transfer from the victim, and received a total of 38 million won from the Si to July 7, 2016, such as the statement in the list of crimes in attached Form 2 from the Si to July 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against AY;

1. Application of Acts and subordinate statutes, such as inquiry of transaction details;

1. The reason for sentencing of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts (the choice of imprisonment) is that the victim revoked his/her complaint, but the amount of damage is larger and the amount of damage is not recovered.

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