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(영문) 서울중앙지방법원 2017.06.15 2017고단2185
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On January 4, 2017, the defendant was detained in Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and is still pending in the trial.

On December 13, 2016, the Defendant is operating a private equity fund to the victim C while working as the team leader in the Republic of Korea as Kakaox.

When investing in the private equity fund, 30% of the principal shall be paid as profits after two months, and the principal shall also be guaranteed.

“False speech was made to the effect that it was “.”

However, the Defendant did not have any particular property at the time and did not have any intent or ability to return the principal and profits even if he received the investment money from the victims, because the Defendant only carried out a so-called “refiscing to return” the money received from new investors.

The Defendant, as such, by deceiving the victim, received money from the damaged party, via a wired securities account (Account Number: E) in the name of the Defendant under the name of the same day as investment money from the damaged party.

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 on account transactions;

1. The grounds for sentencing under Article 347(1) of the relevant Article of the Criminal Act regarding criminal facts are as follows: (a) the recognition of and reflects on the facts charged by the defendant; (b) the amount of damage in this case is not high and the defendant is detained in a similar form of crime and is judged separately; and (c) other factors of sentencing as shown in the arguments of this case, including the defendant’s age, sexual conduct, motive and consequence of the crime; and (d) the circumstances after the crime, etc., are considered as follows.

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