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(영문) 서울중앙지방법원 2017.04.26 2016고단7497
사기
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. On May 12, 2016, the Defendant is the head of the Korea Trade Company Dbucheon Center established jointly with the victim C at the office near the station at the entrance of the subway department, Seoul, Seoul, Seoul, on May 12, 2016.

If an investment of KRW 10 million has been made, the sum of the principal and the profit of KRW 4 million has been paid 14 million after 4 weeks.

However, the Defendant was planned to receive money from the damaged party to use it as a profit (for allowances) to other investors, and there was no particular project to create profit. Therefore, even if the victimized party received money from the injured party, the Defendant did not have the intent or ability to pay the principal and profit as above.

The Defendant, by deceiving the victim as such, was remitted 20 million won to the Saemaul Treasury Account (Account Number: E) in his/her name from the victim.

2. On May 19, 2016, the Defendant told the victim as referred to in paragraph 1 at the above office.

However, the Defendant was planned to receive money from the damaged party to use it as a profit (for allowances) to other investors, and there was no particular project to create profit. Therefore, even if the victimized party received money from the injured party, the Defendant did not have the intent or ability to pay the principal and profit as above.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the damaged party to the said account.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A certificate of details by account for member trading (A).

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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