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(영문) 전주지방법원 군산지원 2017.06.29 2017고합68
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to four years of imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Gunsan Branch of the Jeonju District Court on November 18, 2011, and the judgment was finalized on May 29, 2012. On November 15, 2013, the bill of indictment, which was sentenced to one year and six months from imprisonment with prison labor for the same crime at the Cheongju District Court on January 3, 2014, stated as the "....... of December 31, 2014" but according to the result of the examination of evidence, it can be recognized that the date on which the above judgment became final and conclusive, might give substantial disadvantages to the defendant's exercise of his/her right of defense.

As such, it cannot be seen as above without any changes in indictment procedure.

The judgment became final and conclusive.

[Criminal facts] The Defendant, on June 11, 2007, made an overseas investment in the victim D through the Defendant’s mother C through the Defendant’s mother, “in Korea,” to the Seoul Financial Supervisory Service.

for investment by family members.

After making a false statement to the effect that “I may receive a high-class dividend in connection with C’s dynamic relationship,” the investment made an investment to the effect that I would like to continue to make an investment to pay a high-class dividend of KRW 200,000 of monthly dividends in KRW 10,000.

However, the Defendant did not have actually worked with the Financial Supervisory Service, and from around 2006, the Defendant was employed in preventing the use of the money in return for the kind of investment as a livelihood cost or the return of the investment money to relatives and relatives, etc. by receiving money from their relatives and relatives as if he were working with the Financial Supervisory Service. Therefore, even if he received money from the injured party as the name of investment deposit, the Defendant did not have any intent or ability to pay the principal and dividends as agreed above.

The defendant, as a result, has received 10,000,000 won from the damaged person to the national bank account under the name of the defendant, and from that time until December 24, 2010, shall be included in the list of annexed crimes.

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