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(영문) 서울중앙지방법원 2017.10.13 2017고단3888
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Experience] On January 19, 2017, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on the 20th of the same month (the expiration of the term of imprisonment on July 22, 2017).

[Criminal facts] The Defendant established a fishery partnership E in Dongjak-gu Seoul Metropolitan Government and Jongno-gu Seoul Metropolitan Government D respectively, and recruited many unspecified investors in the above office and received investment money from them and acquired them by fraud.

On February 2, 2016, the Defendant produced, processed, and sold agricultural and fishery products, such as flag, flag, flag, etc., as functional health foods, using blags or flags, which are patented products, to the victim Flag E office in Dongjak-gu Seoul Metropolitan Government.

Hadd 80,00 won for investment in the Agricultural Partnership E, 80,000 won for investment in the previous account, 200% of the principal, including the principal and the profits, shall be paid, and all other allowances shall also be guaranteed.

However, even if the Defendant received investment funds from the above F, he did not have the intent or ability to generate profits or to pay dividends equivalent to 200% of the investment funds to investors by creating agricultural and fishery products such as fish, friend, friend, etc. using the soarg quality as functional health foods.

Nevertheless, the Defendant: (a) by deceiving the above victim F and receiving KRW 3.2 million from F; and (b) around that time, the Defendant received a total of KRW 12.8 million from the victims, as shown in the list of crimes in the attached Form from around April 2016.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Some statements made by the prosecution or the police concerning the accused in the protocol of interrogation of the suspect;

1. Statement made by the police with regard to F;

1. Complaint;

1. A investigation report (the date, time, place, etc. of crimes committed against A by a suspect) and a list of offenses attached thereto;

1. Each payment note, each member's investment certificate;

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