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(영문) 서울중앙지방법원 2017.01.13 2016고단7138
사기
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court on March 31, 2016, and the written indictment on April 8, 2016 is the date of this confirmation. However, the Defendant’s period of appeal against the Defendant and the Prosecutor is limited to “ April 8, 2016.”

The judgment became final and conclusive.

[Criminal facts]

1. The Defendant, in the past in the future, managed the sales of insurance and funds in three, etc. in the future, and received KRW 22 million from the victim C as an investment deposit on June 3, 201, and KRW 20 million on July 20, 201, and returned KRW 25 million on June 21, 201, and KRW 20 million on July 29, 201 to the victim as principal and profit, and committed an act of returning KRW 20.4 million on July 29, 201 to the victim under the pretext of principal and profit, and having the victim make a considerable profit if he/she invests in himself/herself.

2. On August 1, 2011, the Defendant was phoneed to the victim in Seoul, Seoul, and the Defendant is aware of the place of investment.

(b) If an investment is made to B, the rate of return of the party may be guaranteed at least 10 per annum.

“Falsely speaking,” and it received KRW 20 million from the damaged person’s account in the name of the Defendant to the single bank account in the name of the Defendant as an investment deposit.

In fact, even if the Defendant had prepared to operate a restaurant in the Jung-gu Seoul Metropolitan Government branch around that time without any particular property or income, and had been able to use it as funds to prepare for the operation of the restaurant by the Defendant or to pay personal debts even if the Defendant received the said investment money from the injured party, so there was no intent and ability to make profits by making investments as agreed by the victim.

Ultimately, the Defendant, including by deceiving the victim as above and receiving KRW 20 million from the victim as investment money from the victim, including by whom the Defendant received KRW 20 million from around that time to June 27, 2012, together with four times in total, such as the statement in the list of crimes in attached Form 4,81 million.

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