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(영문) 서울북부지방법원 2014.01.22 2013고정2602
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around January 2013, the Defendant made a false statement to the effect that “A victim D shall return 10% of the profits and principal from the month following the month when an investment is made to B” through C, which was known to the general public at an unsound place.

However, in fact, from September 2012, the Defendant had no intent or ability to use the investment money or to pay the investment money and the profit therefrom to other investors, as it received the investment money from the investors and received the investment money and paid the investment money to other investors in the manner of a prompt name, such as a payment of investment money and the profit therefrom.

Nevertheless, on January 9, 2013, the Defendant, by deceiving the victim as above, received 5 million won from the victim to a new bank account (E) in the name of the Defendant through the above C through the said C, and acquired it by fraud.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. Statement made to D by the police;

1. A complaint;

1. Original copy of a notarial deed;

1. Each specification of transactions and specifications of transactions;

1. Application of investigation reports ( telephone conversations of a suspect C) and criminal investigation reports ( telephone conversations of a suspect A)-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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