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(영문) 제주지방법원 2016.07.06 2016고단444
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be liable to the applicant B for the compensation of KRW 42 million, and the compensation shall be the applicant.

Reasons

Punishment of the crime

The Defendant, at around June 19, 2015, made an investment of KRW 500,00,00 in the “F clothes” operated by the Victim D in Jeju-si around June 19, 2015, the Defendant would return the principal to the Defendant without any molding with the interest of KRW 1.5 million per month, as “F clothes” operated by the Victim D in Jeju-si, with the interest of KRW 1.5 million per month.

“A false representation was made.”

However, in fact, the Defendant did not have any relation with the high interest rate, as well as the Defendant did not have any intention or ability to pay the profits and the principal to the victim because he did not have any intention or ability to pay them, even if he received money from the injured party due to the repayment of the existing obligation and the Defendant’s living cost, etc.

Accordingly, the Defendant: (a) by deceiving the victim as above, received KRW 5 million from the victim’s account (new bank G) on the same day from the victim; and (b) from September 21, 2015 to September 21, 2015, the Defendant received KRW 110.6 million in total from three victims, such as the list of crimes committed in attached Form 16 times to September 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, a certificate of confirmation of details of each transaction, a certificate of verification, a detailed statement of passbook transaction (or any other document D), a verification of transaction details, a certificate of verification of each transaction, a deposit and withdrawal transaction details, a receipt (or any other document C), and each receipt (B) (H);

1. Each police statement made against D, C, and B;

1. Investigative report (to attach a victim's statement of transactions in passbooks and a transcript submission), details and recording of transactions by account;

1. Investigation report (the result of confirming the details of entry into and withdrawal from a detailed statement of transactions of passbooks with victims;

1. Investigative report (Submission of transaction details of a new bank, confirmation of the entry details), and inquiry about liquidity transactions;

1. Application of Acts and subordinate statutes to report on investigation (the result of confirming whether the victim has received cash in the victim D);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 of the Criminal Act;

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