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(영문) 서울중앙지방법원 2018.05.09 2018고정668
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 8, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on Specialized Credit Financial Business at the Seoul Central District Court, etc., and the judgment became final and conclusive on September 20, 2016. On November 10, 2016, the Seoul East East District Court sentenced imprisonment with prison labor for a violation of the Act on Specialized Credit Financial Business at the Seoul East East District Court for six months, and the judgment became final and conclusive on November 18, 2016.

On October 2013, the Defendant, at the “C” office for the Defendant’s operation in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and 408, made the victim D “a personal game machine, extracted, and sold in other places or installed and operated the game machine. The Defendant would pay 120% of the principal according to the amount invested in this project.

“The phrase “ was false.”

However, in fact, the Defendant did not possess a game machine that could generate profits, and even if the Defendant installed and operated a game machine, it was difficult to pay profits as promised to investors because it was not much profits even if it was installed and operated, and eventually, it was a situation in which the Defendant received investments from the priority investors and returned profits to senior investors.

As such, the Defendant, by deceiving the victim as such, was given a delivery of KRW 10 million on November 4, 2013 from the victim under the pretext of investment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Investigation report (to telephone conversations with witnesses);

1. Investigation report (Submission of data, such as a detailed statement of transactions conducted by witnesses E);

1. Previous convictions in judgment: Investigation report (Attachment of a suspect A-related judgment), investigation report (report on confirmation of a suspect's judgment), case summary information, inquiry of case summary information, and application of statutes (Seoul Eastern District Court Decision 2016No 228);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and fines;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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