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(영문) 서울중앙지방법원 2013.08.23 2013고단2104
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant, who had been engaged in the business with B and Russia, decided to import and sell store stores from Russia, but did not have any other experience in doing business, paid the amount of capital or money borrowed from C, D, etc., and incurred approximately KRW 85 million loss due to Russia's low sales, but there is little possibility to see the profits from the investment. Moreover, even if the Defendant received the investment money from the victims, he did not have the intent or ability to return the principal and interest of the investment, and thus, he could receive money from the victims, which would have been able to receive money.

around January 2012, the Defendant: (a) at the office of the Defendant of the second 1601 defendant of the Seocho-gu Seoul Seocho-gu building E, the Defendant stated that “the Victim Co., Ltd. enter into a contract with the Russia company and import scam, with low price; (b) the Defendant may guarantee 50% of the profits per 150,000 days if it is invested in this project; and (c) the Defendant may receive 10% of the profits if it is a month; and (d) the Defendant received 40 million won from the Victim Co., Ltd on January 25, 2012 as stated in the attached list of crimes, and received KRW 350,500,000 from the Victim Co., Ltd, F, G, H, I, J, K, L, M, N, andO in the same manner between January 25, 201 and June 1, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect examination protocol of the accused by the prosecution (including the B statement section);

1. Each police statement made to D, C, and F;

1. Investigation report (related to a factual confirmation of a complainant);

1. A copy of investment agreement;

1. Application of each Act and subordinate statutes to each copy of each monetary loan for consumption, each written agreement on payments, and each copy of payments;

1. Article 347 (1) of the Criminal Act (each point of fraud) applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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