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(영문) 의정부지방법원 고양지원 2016.11.30 2014고단2538
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

Victims C and D are siblings.

On September 2013, the Defendant made a false statement to the effect that “The Defendant is laundry of money for political funds, which would remain in sales after purchasing USD or money, and would pay 10 -20% of the monthly profits.”

However, in fact, the Defendant had already invested KRW 300 million in E for three years prior to the investment of approximately three years ago, but did not receive the principal and profits, and was planned to receive continuous investment money from other investors in the same manner to pay the victims with trust in the manner of making profits, and to compensate the victims for their losses or to pay them to other investors. However, the Defendant did not have any intent or ability to pay the principal and profits when making such investment.

After all, the Defendant, as described in the attached list of crimes, by deceiving victims as above, received the victim C a total of KRW 122,150,000 and KRW 58,00,000 from the victim D as investment money in 11 times from the victim C, respectively, with the Defendant’s mother’s account in the name of F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of each complaint (including evidence 3 through 7 of attached documents) and each account transaction;

1. As to the facts of crime, the pertinent provision of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the choice of punishment, the first offender who has led to the confession of all crimes and has no power to commit any crime is particularly favorable.

However, the sum of the money obtained through deception of this case reaches KRW 170 million, and even considering the amount (9,6760,000) paid to the victims under the pretext of some profits in the form of return prevention, it has not been recovered until now.

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