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(영문) 서울중앙지방법원 2015.08.21 2014고합1085
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendants shall dismiss all applications for compensation order filed by the applicant for compensation of innocence.

Reasons

1. Facts charged;

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) [2014 Highest 1085] Defendant is an insurance solicitor.

Around January 12, 2010, the victim E received KRW 500,000 from the victim under the name of investment money from the victim around January 12, 2010 by taking advantage of the kind of friendlys arising from the victim's purchase of variable insurance products through the defendant, and the victim paid KRW 1 billion as the principal of profit around May 2010, thereby obtaining trust from the victim.

The Defendant, while performing the business of raising investment funds and managing funds in K Co., Ltd. (hereinafter “K”), operated by the film supervising J for the production of motion pictures, paid approximately KRW 1.46 billion as its own and its branch’s funds from September 2009 to June 201, KRW 358 million as a loan, while paying approximately KRW 1.46 billion as its own funds from around September 2009 to June 201, the Defendant attempted to acquire money by deceiving the victim as a result of difficulties in attracting additional investors and recovering their own investments.

On June 30, 2010, the Defendant called the victim’s phone call from the O office located in Gangnam-gu Seoul N to “I will only use and return KRW 300 million per week.” The Defendant was transferred from the victim to the P Co., Ltd. (hereinafter “P”) account (hereinafter “P”) account of KRW 300 million. The “T” in the corporate bank, the account number Q Q QU indictment is written in writing. -R; hereinafter “P account”).

On July 21, 2010, the Defendant continued to make a false statement to the victim “S” at the restaurant “S” located in Gangnam-gu Seoul N, Seoul, stating that “on the face of borrowing KRW 1 billion from the victim, the Defendant would make a repayment without molding it until August 31, 2010.” The Defendant received KRW 270 million from the victim to the P account, and received a cash of KRW 730 million from the company bank located in Gangnam-gu, Seoul.

In addition, the defendant around July 25, 2010, around the other hand, the defendant needs to pay 300 million won to the victim at the cGV film shop in front of the Dongdaemun-gu Seoul Metropolitan Government CGV film museum.

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