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(영문) 서울중앙지방법원 2014.09.17 2014고정873
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person with no certain occupation, and the victim C is a university student.

Around July 2008, the Defendant recommended the Defendant to make an investment to the effect that “The Defendant is a single type fund, and is engaged in the investment of an item.” Since the investment projects have been made several times, it will be well-known at this time. The amount provided if the Defendant performed the same work as the need to be incorporated in order to operate the company receiving the investment may be compensated, and the amount may be exceeded 15 million won per month.”

However, even if the defendant receives money from the victim, there was no intention or ability to preserve the principal and to guarantee a large amount of profit as above.

As such, the Defendant, by deceiving the victim and deceiving him from the victim, acquired the victim with a total of KRW 4.5 million from July 24, 2008, KRW 3.5 million on July 30, 2008, and KRW 4.5 million on July 30, 2008, by remitting it to the national bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement concerning C (the first right, 57, and 22 pages of the investigation record);

1. Content certification (No. 16 of investigative record No. 2), payment order, application for payment order, details of transactions (No. 1 of investigative record No. 85 of investigative record), certificate of deposit transaction results, content certification, and application for new transaction details;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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