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(영문) 서울동부지방법원 2015.03.13 2014고합427
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. Around April 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the effect that “The victim C and D shall operate a trade company that imports children’s supplies and household parts in the U.S. and China, and in addition, monthly wage disputes employ the president and operate “E kindergarten”, and if an investment is made in the project, the Defendant will pay the profits equivalent to 3% per month.”

However, the defendant did not have been operated by the trade company, and even if he received the investment money from the victims, he did not have the intent or ability to pay the principal or to pay the profit equivalent to 3% per month.

As above, the defendant deceivings the victims and received 70,000,000 won in cash from the victims' place of investment in the same manner.

In addition, from around that time to September 24, 2012, the Defendant received total of KRW 1,190,391,870 from the victims about 57 occasions, such as the attached crime list (1).

2. Around February 3, 2009, the Defendant made a false statement to the effect that “The Defendant operates a trade company that imports children’s supplies and household parts in the U.S. and China’s land,” and that “E kindergarten is operating a business by employing the president,” the Defendant would pay the profits equivalent to 3% per month if the monthly investment is made in the business.”

However, the defendant did not have been operating a trade company, and even if he received the investment money from the victim, he did not have the intent or ability to pay the principal or to pay the profit equivalent to 3% per month.

As above, the defendant deceivings the victim, and is in cash from the victim's position to make an investment, 5,000.

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