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(영문) 서울동부지방법원 2019.02.20 2018고단2677
사기
Text

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

Reasons

Punishment of the crime

Around September 15, 2011, the Defendant: (a) during the preparation of a test in the reading room in Seongdong-gu Seoul, Seongdong-gu, Seoul, the reading room staff D, (b) one of the 20 members of E business start-up, and (c) one of the 20 members of E business start-up, and (d) one of the 210,000 members of E. The general stock price is 210,000 won, but the executive officers are 70,000 won; (b) the Defendant would purchase the executive shares in the name of the E.I.D.’s own shares and make dividends to aper at the end of each year; (c) because there is a lot of money in which the inside is investing in the Chinese shares; and (d) if the money is deposited into the account, he would make a profit by investing in the Chinese shares.

However, in fact, the defendant and the defendant did not have any relationship with E and did not have the intention or ability to pay dividends by purchasing E shares even if they received money from the victim. The defendant did not have invested in Chinese shares and did not have the intention or ability to pay investment profits by purchasing Chinese shares even if he did not receive money from the victim.

As such, the Defendant received 481 times in total from October 11, 2011 to March 30, 2017, 304,936,675 won from the victim by deceiving the victim as such, and received 3,078,860 won in total from September 6, 2017 to December 12, 2017 under the name of Chinese stock investment money, etc. as shown in the attached list of crimes (2) as shown in the attached list of crimes (2), and acquired 308,015,535 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution;

1. Each penal provision of Article 347 (1) of the Criminal Act (Selection of Imprisonment with prison labor);

1. The reason for sentencing in the former part of Article 37 of the Criminal Act and Article 38(1)2 of the Criminal Act among concurrent offenders [the scope of recommendations] and the reason for the sentencing in general fraud [the scope of recommendations] where the aggravated area (2 years to 6 months) (2 years to 6 years] of the aggravated area (2 years to 500 million won and less than 500 million won) has been repeatedly committed for a considerable period of time [the decision of sentencing] above all, the period

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