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(영문) 의정부지방법원 고양지원 2015.01.23 2014고합239
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

"2014 Gohap239"

1. On March 2012, the criminal defendant against the victim C made a false statement to the victim C, stating that the victim C would pay 20% or 30% of the principal and principal after two months from one month to two months after making a profit by investing in the outside stocks.

However, the Defendant had no particular property, such as filing an application for bankruptcy or individual rehabilitation, and did not pay the principal and profits to other investors. As such, the Defendant planned to use the said money for an individual purpose, such as living expenses, sports competitions, etc., and thus, did not have the intent or ability to pay the principal and profits to the victim at that time by investing the money in stocks outside the country, even if it received the money from the victim, even if it was planned to use it for an individual purpose, such as living expenses, sports competitions, etc.

On March 22, 2012, the Defendant, by deceiving the victim as above, received 1.2 million won from the victim as a deposit account in the name of the Defendant under the name of the Defendant, from that time until July 26, 2013, and acquired 80,100,000 won in total over 14 times, as shown in attached Table 1 (C) from July 26, 2013.

2. On August 2013, the Defendant made a false statement to the victim D, stating, “If an investment is made to B, he/she will pay 8% of the monthly profits after investing in the stocks outside the country.”

However, as seen above, the Defendant did not have any specific property, such as filing an application for bankruptcy or individual rehabilitation, and did not pay the principal and earnings to other investors. As such, the Defendant paid the said money to other investors in the form of “frighting” or planned to use it for personal purposes, such as living expenses, sports discussions, etc., and thus, received the money from the victim.

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