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(영문) 청주지방법원 2013.04.11 2012고합403
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 7, 2011, the Defendant was sentenced to six years of imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Goyang Branch of the Jung-gu District Court on October 7, 2011, and the judgment became final and conclusive on April

Criminal facts

The Defendant, by deceiving the victim as follows, received a total of 3,037,285,225 won from the victim during the period from March 18, 2005 to May 20, 2008.

1. On March 2005, the Defendant stated to the effect that “A victim D who became aware of a stock investment in Korea through A, which is an infinite place, is an internal share investment expert. In the case of a stock investment, profit by twice is based on the stock investment, since she makes a stock investment by fostering five experts and teams in each field, its profits is much higher and safe, and if there is a good share capital increase, if she lends KRW 2.5 million, 2.5 million, the money will be paid in KRW 50 million after the second month.”

However, in fact, the Defendant did not invest 50 million won in the stock market, but did not invest in the stock market with experts and teams. At the time, the Defendant did not have the ability to perform as promised even if he received the above money from the Defendant, since it was merely a loan of 50 million won in the bank.

The Defendant, as such, by deceiving the victim, received KRW 50,00 from the victim on March 18, 2005, and received KRW 213,285,225 from that time to March 28, 2005, as well as from that time, the Defendant was delivered or remitted KRW 213,285,225, in total from that time to that time, up to 4 years from that time.

2. Around January 2007, the Defendant told the victim D that “If the Defendant sent money to the victim to make an investment with a good share, several persons would make an investment, and to bring the investment to KRW 2 billion, the Defendant would pay 2% interest and profit dividends each month.”

However, it is uncertain that the Defendant did not have any particular funds and received profits from stock investment.

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