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(영문) 서울남부지방법원 2018.01.25 2017고단5237
사기
Text

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

Reasons

Punishment of the crime

On March 2013, the Defendant received monthly dividends from the D coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, by making investments in the consulting company with principal guarantee.

Investment will be made if there is any money that it has to take.

After one year, the principal will be guaranteed, and when the investment of 30 million won is made, 90,000 won per month and the principal will be repaid after one year.

“The purpose of “ was to speak.”

However, even if the defendant received money from the injured party, he did not have the intent or ability to pay dividends to the injured party by investing in the consulting company, or to pay the principal after the agreed period.

Around April 5, 2013, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the new bank account (G) with the F name around April 5, 2013, such as receiving KRW 10 million from April 5, 2013 to October 31, 2014, by receiving KRW 84,262,00 in total over 12 times as shown in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transactions of each passbook and those of deposited transactions;

1. Each financial transaction information;

1. Investigation report (the details and analysis of deposits into and out of the criminal account);

1. Application of Acts and subordinate statutes to a criminal investigation report (including failure to submit data related to investment of a suspect);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of the recommended punishment is general fraud (less than KRW 100,000) and the basic area (from June to June) is the person who has no special sentencing:

2. The fact that KRW 55,220,00 has been paid to the victim under the name of dividend, etc. is favorable to the defendant.

However, the payment of the above money is nothing more than the means for acquiring the money from the damaged person continuously, it is clear that H's emotional body that the Defendant invested was involved, and the details of the investment are not revealed, and the Defendant uses the money received from the damaged person as the Defendant's living cost, remittance of dividends to the victim, etc.

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