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(영문) 서울중앙지방법원 2016.11.30 2016고정2370
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 19, 2015, the Defendant: (a) at the D Training Center office operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around July 19, 2015, the Defendant confirmed the fact that the gold bars seized in China at the time of Japanese occupation was hidden from the underground in the Newdong, Yangcheon-gu, Seoul. In accordance with international law, the Defendant made a false statement to the effect that “I will start gold extraction business on August 15, 2015, at least 30 times of investment, because I would be able to increase the profits of 30 times of investment.”

However, the above gold extraction project was not scheduled to proceed, and even if the defendant received money from the victim, he thought that he would use it as the fund of the company's operation and living expenses of the "F" operated by the defendant, and he did not have an intention or ability to give high profits to the victim.

On July 21, 2015, the Defendant received from the victim a remittance of KRW 11 million from the account (Account Number: G) in the name of the Defendant in the name of the Defendant’s bank as an investment deposit.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Legal statement of witness E;

1. A complaint;

1. Statement to E by the police;

1. Details of bankbook transactions;

1. Application of Acts and subordinate statutes, such as a central newspaper technician;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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