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(영문) 인천지방법원 부천지원 2018.11.12 2018고단2550
사기
Text

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

Reasons

Punishment of the crime

On February 2, 2017, the Defendant had already invested in the office of the Dispute Resolution Co., Ltd., working for the Defendant in the 9th floor of Bupyeong-gu, Incheon, Bupyeong-gu B building.

D whether a person who wants to receive money may make a transaction under the same conditions as he/she has paid money.

Upon receipt of the proposal, “in the event of an investment in money, an amount equivalent to 3% per month by making an investment in stocks, and a full return of the principal upon the expiration of the investment period shall be made on the 20th day of each month.

“A false representation was made.”

However, the Defendant had reported losses while investing in stocks at the time, and had no professional knowledge of the stocks. The Defendant recommended investment to investors only without examining whether to guarantee the principal of the investment, the possibility of loss, and the return on profit. As such, the Defendant did not have any intent or ability to pay the profits of the agreed high rate, or to guarantee the principal of the investment that was received from the damaged investors, and considered so-called “the so-called “the prevention of return” in which the Defendant paid profits to other investors.

Nevertheless, on February 27, 2017, the Defendant was transferred KRW 30 million to the F bank account in the name of the Defendant on the pretext of investment from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes on financial transactions in each of the principal, each written agreement, and each financial transaction details;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions as to the sentencing stated in the records, such as the pertinent Article of the Criminal Act as to the crime, Article 347(1) of the Criminal Act, the selection of the punishment of imprisonment, the amount of the punishment of the criminal defendant's normal and deceptive, age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, etc.

- Confessions and reflects, and there is no record of punishment exceeding the punishment of the same kind of crime prior to the instant case.

- Part of the victim.

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