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(영문) 서울중앙지방법원 2015.02.13 2014고단8464
사기
Text

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

Reasons

Punishment of the crime

1. Around November 28, 2013, the Defendant committed the crime of November 28, 2013, on the 13th floor of the Gangnam-gu Seoul Metropolitan Government Office Officetel 13th floor, “A victim E may receive interest of 10% per month when investing in a casino in a Hoju. Around November 28, 2013, the Defendant made a false statement to the victim E, stating, “A 20 million won investment in a casino in a Hoju.”

However, even if the defendant received investment money from the victim, he only intended to use it for personal purposes such as living expenses, and did not have the intent or ability to pay interest by investing in the casino located in Australia.

The Defendant received 20,000 won from the victim to the City Bank account in the name of the F Bank designated by the Defendant in the name of the same day as the investment money.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 3, 2014, the Defendant made a telephone call to the victim on the luxed land on January 3, 2014, and made a false statement to the effect that “If 10,000 won invested is additionally invested in KRW 2,00,000,000 in total, KRW 30,000,000,000,000 won will be paid 40% interest and the principal will be returned after 45 days.”

However, even if the defendant received investment money from the victim, he only intended to use it for personal purposes such as debt repayment, and he did not have the intention or ability to pay interest by investing in the casino located in Australia.

The Defendant received 10,000 won from the victim to the City Bank account in the name of the F Bank designated by the Defendant in the name of the same day as investment money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. Recording records;

1. A copy of a bankbook, a transaction confirmation receipt, a specification of transactions, and a specification of transactions;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 63 pages);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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