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(영문) 의정부지방법원 고양지원 2019.01.29 2018고합172
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for three years and for three years and six months, respectively.

Reasons

Punishment of the crime

On October 2015, the Defendants proposed an investment in the business by: “In a restaurant where it is difficult to know the trade names in the Soyang-gu Seoyang-gu, Gyeonggi-gu, Gyeonggi-do, the Defendants made a lot of money for the Defendant to conduct the business, such as “Abata” using the Internet (the method by which us connects overseas casino with an overseas human resources to conduct hosting, etc., by proxy, and then collecting fees therefor).”

However, there was no fact that the Defendants carried out the business, such as “Aba” using the Internet at the time, and there was no investment in the amount of KRW 950 million by each party. Defendant A planned to use the amount to be paid from the victim as an existing debt repayment or Internet gambling fund. Defendant B recommended the victim to make an investment with Defendant A in mind that he/she would have received a partial delivery of his/her claim against Defendant A from the victim’s investment fund, and introduced the same to the place where the victim would receive a loan, and the Defendants did not have any intent or ability to distribute the profits from the investment to the victim.

Ultimately, the Defendants conspired, as seen above, to deceiving the victim, and to which end, received KRW 300 million from the victim via a bank account under the name of the Defendant A (Account Number: E) around November 2, 2015. From around that time to May 6, 2016, the Defendants received a total of KRW 1 billion in total eight times, as shown in the separate crime list in attached Table 1, from around that time to around May 6, 2016.

Summary of Evidence

1. Defendant A’s legal statement (the third trial date);

1. Defendant B’s partial statement

1. C’s legal statement;

1. A. copy of a financial transaction certificate, entry, statement of withdrawal transactions, and passbook transaction statement, and A.

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