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(영문) 서울중앙지방법원 2017.07.20 2017고단4029
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 2014, the Defendant received KRW 300,000,000 per KRW 10 million from the victim T and U in the child care center in Seocho-gu Seoul apartment complex on the first day.

In this regard, the company is growing, and if it makes an investment, it can receive KRW 500,000 per month.

Investment has been made when surplus funds exist.

Funds invested may be deducted at any time.

A false statement was made to the effect that it would be responsible for money in the event of a problem.

However, in fact, the defendant was at a higher level in paying interest because of a considerable amount of debt, and there was no person operating investment company "F" in the defendant's branch, so even if he received money from others, he did not have the intention or ability to pay the principal and dividends by creating profits after making an investment.

Nevertheless, the Defendant: (a) by deceiving the victims as above; and (b) from July 21, 2014 to May 4, 2016, the Defendant was transferred KRW 185,770,000 in total from July 21, 2014 to May 36, 2016 to the new bank account in the name of the Defendant (J andK) in the name of the Defendant from August 1, 2014 to October 26, 2015, respectively.

Accordingly, the defendant, by deceiving the victims, acquired the property of others.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The police statement made to T or U;

1. Application of Acts and subordinate statutes to inquire into the details of transactions, a certificate of deposit confirmation, text, and a Kakao Stockholm to take photographs, a loan certificate, a deposit payment statement, and a bank transaction statement;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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