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(영문) 서울북부지방법원 2018.06.20 2017고단5013
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant and the victim C were connected with each other.

On September 3, 2014, the Defendant is running a business to cover the expenses of ‘D' in detail in the Philippines with the victim on September 3, 2014. On September 3, 201, the Defendant paid KRW 1,80,000,000,000,000 won for each month if he/she invested the 666,000,000 won equivalent to the value of 1.5.

The term "highly false statements" were made.

However, even if the Defendant received money from the injured party as the source of investment, there was no idea to make an investment in the business with D’s light flight season, and there was no intention or ability to pay the profits of KRW 180,000 per month.

Ultimately, the Defendant, by deceiving the victim as above, received money from the victim to the Nonghyup Bank account (E) in the name of the Defendant, KRW 1 million around September 3, 2014, KRW 2 million around September 4, 2014, and KRW 63 million around September 5, 2014, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Complaint;

1. A detailed statement of deposit;

1. The loan certificate;

1. The content of the Kakao Stockholm conversation [the defendant and his defense counsel invested the money that the defendant has actually received from the injured party in the guard business, but it became difficult to pay the profit as the above business was made difficult, and there was no intention to defraud the defendant;

However, the circumstances acknowledged by the evidence adopted and examined by this Court, that is, the Defendant appears to have used most of the remitted money from the damaged person for personal purposes not related to the above business, and the victim invested the Defendant.

F to clarify the details of money trading with himself and the Defendant and to ask whether the Defendant made an investment in the guard project, the F confirmed that there is no relation with himself and there is no invested money. After the Defendant was prosecuted, the F had been friendly with the Defendant since 2007 and personal money trading was several hundreds.

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