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(영문) 서울서부지방법원 2021.02.10 2020고단1759
사기
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, through B, the first half of June 2018, through “A, if the Defendant made a stock investment, he/she may get a profit of more than three times after the three-month period.”

하는데, 여윳돈이 있으면 투자하라” 는 설명을 하고, 2018. 6. 24. 경 불상지에서 피해자와 전화통화를 하면서 “500 만 원을 보내면 주식투자를 하여 수익금을 드리겠습니다.

The author has made an investment of several hundred million won, and it may increase a number of marginal profits within three months at the time of making an investment.

Nor is there an opportunity to make a deposit on a regular basis.

“A false statement,” but the fact did not have the intent or ability to deliver to the injured party the proceeds that were used for stock investment or obtained from stock investment even if the injured party was paid money from the business difficulties in the operation of the rental car company.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim’s own bank account (D) on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to file a complaint, a certificate of withdrawal details, inquiries into the details of each bank transaction, investigation reports (to make telephone conversations by a witness E), investigation reports (to the relevant witness call at the time of abolition of the F listing), investigation reports (to the verification of detailed statement of entry and departure from the data submitted by

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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