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(영문) 부산지방법원 2019.08.30 2019고합185
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment for six years.

Seized evidence No. 1 shall be forfeited from the defendant A.

Defendant

A.

Reasons

Punishment of the crime

1. Defendant A and B conspired to obtain money from the victim H (the 27 years of age) who is a female student of Defendant A and B for joint criminal conduct, Defendant A and B, by fraud.

B. On January 1, 2015, “A shall pay KRW 600,000,000 from the 15th day of each month to the victim by telephone in his/her own residence of Busan, stating that “if the victim has invested KRW 30,000,000 in a powder business with B and A (the defendant A), the victim shall be paid KRW 30,000,000 from the victim on January 16, 2015, and the defendant A shall receive KRW 30,000 from the victim on January 16, 2015, and the victim shall receive KRW 60,000 from the victim on every 45 days to 50 days if the investor invests KRW 10,000,000.” This was remitted from the victim on November 20, 2015.

However, the facts are that Defendant A and B planned to use the funds received from the victim for overseas travel expenses, revenue-generating expenses, yachts purchase expenses, Internet game expenses, and return-free profits to other investors, and there was no intention or ability to pay profits to the victim by running a distribution business or merchandise coupon business or investing the funds.

As such, Defendant A, in collusion with Defendant B, was informed of the victim’s deception from January 16, 2015 to May 29, 2017 of the total amount of investment KRW 640,000,000 from January 16, 2015.

2. The sole criminal conduct of Defendant A;

A. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim C (the South and the age of 32) who is a creative patient at an elementary school, is willing to take money from investment in milk business and merchandise coupon business against the victim, and around December 2012, the victim in the third chief of the operation of the Defendant in Busan-gu Busan-gu, Busan-gu, would keep the principal and make an investment while keeping the proceeds of 17-19% per annum.

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