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(영문) 창원지방법원 마산지원 2018.06.08 2018고합21
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The Defendant is a person who had worked at a CMasan branch located in Simsan-si, Changwon-si, Seoul, from around February 23, 2003 to February 23, 2018.

On December 5, 2012, the Defendant called the victim H at an influence place on December 5, 2012 and called the victim H.

B. The Vice-Minister has made a professional investment, and if he/she has made an investment, he/she shall not be deemed damage and shall be guaranteed profit-making.

In the case of small-sum investments, 10% of the principal amount shall be earned by short-term profits, and the principal and earnings shall be refunded.

“.......”

However, there was no investment expert or investment vehicle explained by the defendant, and the defendant thought that he/she will receive money from the injured party to pay his/her personal debt and use it as living expenses, so even if he/she receives investment from the injured party, he/she did not have any intention or ability to return the principal and the profits.

As above, the Defendant: (a) received total sum of KRW 313,100,000 from around 20 to December 15, 2017, total sum of KRW 313,10,000 from around 39 times to from around 200 to from around 300,000 under the name of the Defendant for the same day as investment money from the victim; and (b) acquired money from eight victims to January 3, 2018, as shown in attached Table 1 to 8 of the List of Offenses Act, such as defraudation, and acquired money, from eight victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, J, K, L, M, N, andO;

1. Details of account transactions, details of account transactions, details of bank transactions, details of transfer of bank transactions, details of entry into and exit from funds, inquiry of transaction details, verification of deposit, statement of financial transactions, copy of passbook, and verification certificate;

1. A copy of each Mesenger;

1. A written oath and a written plan for performance;

1. Application of the CD-related Acts and subordinate statutes to Defendant’s trade details

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 of the Criminal Code are applicable to the pertinent criminal facts

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