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(영문) 춘천지방법원 2013.03.21 2012고단1299
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

Around January 2012, the Defendant had internal relations, such as being able to obtain studio in the vicinity of the Seocho-si, the location of the Defendant’s workplace, and being able to obtain studio in the vicinity of the Seocho-si, which is the location of the Defendant’s workplace, with D’s spouse at around 2004.

The defendant from the end of March 2012

4. 2. A.m. 2.m., the Defendant stated that “We will guarantee the principal and make profits more than 20% per month, while our Part is working as a fund manager, and if it is invested in the Part to the Part, the principal shall be guaranteed.”

However, the facts are that the defendant's book only operates the Lee Jae-do Center, not the fund manager, and even if the defendant received the money from the victim, he thought some of them to return to the victim as a profit, and he did not have the intent or ability to make profits by investing in the fund.

As above, the Defendant, by deceiving the victim, received total of KRW 10 million on April 2, 2012, around April 17, 2012, KRW 500,000,000 on May 21, 2012, KRW 300,000 on June 11, 2012, KRW 10,000 on June 27, 2012, KRW 10,000 on June 29, 2012, and KRW 84 million on July 2, 2012, from each of the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Some statements in the protocol of examination of the accused prepared by the prosecutor;

1. Application of Acts and subordinate statutes on deposit of investment funds;

1. Relevant legal provisions for facts constituting an offense and reasons for sentencing under Article 347(1) of the Criminal Act [decision of types of punishment] Fraudulent crimes, general fraud, and Type 1 [Special Convict]: None of the following [decision of the recommended area] basic area, the basic area of imprisonment with prison labor for not less than 6 months, but not more than 1 year and 6 months [Criteria for Suspension of Execution]

1. Reasons for major reference: Unagreement;

2. Reasons for general participation: No effort to recover damage (unlawful decision) shall be made by deceiving Part of Part of Part of Part of Part of Part of the Fund as the manager of the Fund.

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