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(영문) 서울남부지방법원 2014.08.29 2014고단2708
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is dispatched as a staff member of a human resources dispatch company to a number of companies and works as a driver.

On June 24, 2013, the Defendant made a false statement to the effect that “The head of the LG Electronic Research Institute is the head of the GG Electronic Research Institute, which he knows to the Bank of Korea, the court, etc., and he decided to collect money from five hundred billion won per individual to invest in unlisted stocks.” If the Defendant invests money to B, the Defendant would be 5 times or more to six times or more as the unlisted stocks are listed.”

However, the defendant was not the head of LG Electronic Research Institute, and did not hold a certificate of qualification related to stock investment, and did not know about stock investment information, and did not have the victim's ability to make profits by investing in unlisted stocks even if he was invested in the money from the victim, and there was no intention to return the investment money to the victim because he planned to use the money from the victim for personal debt repayment, living expenses, and personal investment purpose.

Around June 25, 2013, the Defendant, by deceiving the victim as above, received KRW 1220 million from the Korean bank account (E) in the name of the Defendant under the name of the Defendant as the investment money in unlisted stocks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Grade D of the protocol of interrogation of the accused by the prosecution

1. Recording notes;

1. Application of Acts and subordinate statutes to investigation reports (verification of the address, etc. of the LG electronic website, hearing of the head of the team of the CF team of the C company's telephone statement, verification of whether the suspect is operating G, hearing of the H belonging to the LG Electronic Research Institute, hearing of the

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The sentencing criteria shall be recommended;

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