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(영문) 서울중앙지방법원 2019.05.15 2019고단1684
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On February 20, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Central District Court on November 15, 2014, and completed the execution of the above punishment.

【Criminal Facts】

From May 2015, the Defendant, from around May 2015, in the operation of a similar receiver company with the name of J Co., Ltd., was in short of the money to receive new investments and paid profits to existing investors, with the awareness of “licker” in which the Defendant received new investments.

On October 8, 2015, the Defendant, at the Seocho-gu Seoul AJ Office Office AK, made a false statement to the victim AL who visited the above J AJ Office D with the introduction of the said J D, that “the Defendant purchased and sold non-performing bonds (NPL) and then raises profits from selling them. Currently, hotel goods and forest goods located at the time of strike are under auction, and receive and operate investment funds from investors. However, the Defendant, in preparation for this, made a monetary loan agreement that guarantees the principal, and made an investment in trust, shall not be considered as absolute damage if it is an investment.”

However, the Defendant did not have any intent or ability to guarantee the principal or to pay the profits equivalent to 5% per month, even if he received an investment, because the Defendant was in a situation where he/she should receive the investment money from the subordinated investors and operate the “fluence” ceremony to pay the senior investors with the investment money.

The Defendant received from the victim a total of KRW 60 million, including KRW 50 million and KRW 10 million, from the account in the name of the Z to the account of the AMF bank in the name of the corporation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol of the accused, AO, or D;

1. Each police statement of AL;

1. A complaint;

1. A money loan contract, the details of remittance of the amount of damage, and an investment contract for non-performing loans;

1. Previouss before judgment: Criminal history records, criminal defendant's legal statement, and defense counsel shall be the whole of the victims;

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