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(영문) 서울중앙지방법원 2017.02.28 2016고단5167
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant around June 16, 2015, at D offices operated by the defendant in Seocho-gu Seoul Metropolitan Government C Building 202, the defendant imported copies from Thailand and sold them to the victim E.

A false statement was made to the effect that when investing KRW 30 million, it would receive and sell copies of the money to the effect that it would bring KRW 3 million, which is 10% of the monthly investment, into profits.

However, even if the defendant received the investment from the damaged party, he did not have any intention or ability to pay the profits to the injured party by importing and selling copies in Thailand.

Nevertheless, the Defendant was transferred 30 million won to the account (number : F) in the name of the Defendant under the name of the Defendant for the same day from the injured party.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Part concerning the statement of E in the police interrogation protocol against the defendant

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the complaint, copy of investment contract, and copy of each passbook;

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

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;

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