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(영문) 서울서부지방법원 2017.03.29 2016고단3849
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On November 22, 2010, the Defendant posted a letter to the effect that “A”-related Internet carpets operated by the Defendant is recommended to make an investment at a closed place on November 22, 2010, and the victim D, who reported and contacted the above letter, made an investment in the Chinese fund operated by “C”, 40% per annum, and the principal will be returned after one year.

“Finally false.”

However, in fact, the defendant did not have any intent or ability to pay the above profit or to guarantee the principal, even if he received the said profit from the said victim.

The Defendant received KRW 20 million from the above damage to the Defendant’s bank account under the name of the Defendant, and from that time until October 12, 2012, the Defendant received KRW 316 million in total from the six victims, such as the list in the attached crime list, on 24 occasions, from around October 2012.

Accordingly, the defendant was provided property by deceiving victims.

On March 5, 2009, the defendant of "2017 Highest 248" used 10% per month for stock investment, kindergarten business, restaurant franchise business, etc. and the principal will be returned after one year.

“A false representation was made.”

However, in fact, the defendant did not have the ability to pay profits or guarantee principal even if he received investment from the above victim, because he did not think that he would pay profits, etc. to other investors or use them for other purposes, such as living expenses.

The defendant, under the pretext of investment money and fees, from the above victims, the amount of KRW 20,30,000 on March 5, 2009 and the same year.

4. 28.3,0450,000 won, and the same year.

5. 28.1.

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