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(영문) 서울서부지방법원 2015.10.08 2015고정940
사기
Text

Defendant

B The Defendant A shall be punished by a fine of KRW 3,00,000, and a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The Defendants conspired to invite investors in the (State) D’s E business run by Defendant B because it is difficult to do so, to use the investment money as (State) debt repayment and office expenses, etc., and Defendant B held an investment presentation meeting, and Defendant A conspired to receive some of the investment money at the introduction expense when attracting investors.

Defendant

A around June 28, 2013, at the (ju) D office located in the Gangnam-gu Seoul Metropolitan Government FF Building, A said that “A is engaged in a patented E business in (ju) D” to the victim G, and that “I will create KRW 13 million after two months after investing 9.680,000 won.”

However, Defendant B’s (State)D had no profits at the time, and since 2011, Defendant B’s wages were not paid to workers, even if the victim received the investment funds from the victim at the time, there was no ability or intent to return the investment funds and the profits therefrom.

Nevertheless, the Defendants conspired, as seen above, by deceiving the victim and deceiving him from the victim as investment money, i.e., 2 million won from the victim, i.e., the 7.68 billion won around July 1, 2013, and 9.68 billion won in total to the account under the name of the Defendant B (H).

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's protocol of interrogation of the Defendants (including G statements)

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of the specifications of transactions of self-reliance deposits;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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