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(영문) 청주지방법원 2013.06.26 2013고합63
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on July 8, 201, and the said judgment became final and conclusive on January 12, 201, and on December 28, 2011, Defendant A was sentenced to one year and eight months of imprisonment for fraud at the Seoul Central District Court on December 28, 201 and the said judgment became final and conclusive on January 5, 2012

Defendant

B was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on July 8, 2011, and the above judgment was finalized on January 12, 2012, and on December 28, 2011, the Seoul Central District Court sentenced ten months of imprisonment for a crime of fraud at the Seoul Central District Court on December 13, 2012.

【Criminal Facts】

On June 2, 2006, the Defendants falsely stated that “The Victim F (L, 44 years of age) is represidential, and his father’s property is well known to G doctoral, who manages his or her father’s property. G foreign fund is a professor, general director, and high-ranking fund, and if an investment is made, it would be less than twice the principal amount within three months.”

However, even if investment is made, there was no intention or ability to return the principal and the profits.

On June 2, 2006, the Defendants: (a) by deceiving the victims as such, received 50 million won from the victims with the former Minister of Construction and Transportation on June 2, 2006 and obtained 50 million won from the national bank account in the name of H, the name of which is the same as the name of the Minister of Construction and Transportation; and (b) received 1,163,720,000 won in total over 95 times from around that time to August 24, 2010.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement concerning F;

1. A crime sight list, each detailed statement of transactions, a copy of each note, and a passbook non-deposit sheet;

1. Investigation report (Submission of a list of crimes by a complainant and revision of the amount of damage), investigation report, investigation report (repreparation report of a list of crimes) and investigation report;

1. Previous convictions in judgment: criminal records and references;

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