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(영문) 인천지방법원 2018.11.07 2018고단3413
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2009, the Defendant was sentenced to one year and ten months of imprisonment for fraud, etc. at the Incheon District Court, and the said judgment became final and conclusive on April 15, 2010, and on October 26, 2011, the Seoul Central District Court sentenced one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court, and the said judgment became final and conclusive on March 30, 2012.

On October 2008, the Defendant was working together in the same business relationship at the office of the D Investment Company located in Seoul, which was located in Seoul.

The victim C, who became aware of through E, has a lot of profits for the bond-related business against the VIP casino in Gangwon-do.

To lend money, 10% of the amount of investment shall be paid with the monthly profit.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant did not engage in the above corporate bonds, and was bad credit at the time, the delinquent taxes amounted to KRW 800 million, and there was no intention or ability to pay the victim the proceeds of the investment, as the amount acquired by the clients exceeds KRW 6.9 billion.

On November 18, 2008, the Defendant, by deceiving the victim, received KRW 50 million from the victim, via the Agricultural Cooperative Account (G Account Number) in the name of F designated by the Defendant from the victim, and received KRW 60 million in total from the said account on January 14, 2009, by receiving KRW 10 million from the said account.

Summary of Evidence

1. The legal statement of the witness C;

1. Investigation report (the details of Defendant’s wife F Trading);

1. Details of deposit and withdrawal transactions (F National Bank Account);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 32(1)3 and (2), and Article 25(3)3 (Article 32(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, Etc. to Which an application for compensation order is filed, agree to receive KRW 50 million from the Defendant.

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