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(영문) 의정부지방법원 2019.03.20 2018고단2941
사기
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Defendant

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

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

The Defendants: (a) Defendant B, while carrying out a project on behalf of giving and receiving sugars on behalf of the Republic of Korea, attempted to induce investors to enjoy large profits; and (b) to arbitrarily receive the investment money.

Accordingly, on January 8, 2013, Defendant A made an investment of KRW 60 million in Do, including the principal of KRW 60 million and KRW 30 million in Do, the principal of which are KRW 50 million in the profits therefrom, to the victim G, who was his/her own aftermath of the French land, in the form of making an investment of KRW 30 million in the form of paying the principal of the cumulative investment and KRW 30 million in the form of a profit for the payment of the principal of the cumulative investment and KRW 30 million in the form of a return of KRW 1973 million in May 7, 2013, which is four months later.”

However, in fact, Defendant B did not prepare plans or financial resources for sugar giving and receiving, which is the basis for the business of collecting sugars, in the Philippines, and did not engage in the business of making profits to the victim. As such, Defendant B did not have any intent or ability to reduce profits even if receiving investments from the victim because it did not have any intent to use the funds for personal purposes because economic difficulties, such as having the victim bear the obligation equivalent to KRW 30 million.

The Defendants conspired to induce the victim as such, and then received 60 million won from the victim’s spouse H’s I Bank account under the same day of investment.

Summary of Evidence

1. The defendants' respective legal statements (the defendant A shall be made on the third trial date)

1. Each prosecutor and police interrogation protocol of the accused;

1. Statement to C by the police;

1. Investment contract, investment statement and certificate of personal seal impression (B and A);

1. Account transactions;

1. Receipts:

1. A statement of performance;

1. Letters;

1. Requests for seizure warrants;

1. J Pampling Defendant A.

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