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(영문) 서울중앙지방법원 2014.06.18 2014고단2402
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 19, 2008, the Defendant made a false statement to the effect that “We can get up for an auction with a profit of KRW 100 million within one year if you operate a game business in the Philippines,” at the office of Seoul Special Metropolitan City, Seoul Special Metropolitan City B 1501, and “I can get up for an auction with a profit of KRW 30 million.”

However, it is not clear that the business described by the defendant is the substance of the business, as well as the money received from the prior investors in the profit structure, and if the new investor continues to appear, it is eventually impossible to pay the profit. At the time, the defendant was urged to return the investment money from other prior investors, such as D, and even if there is no other property, it was not possible to pay the profit and the principal promised even if he receives money from the victim as the investment money.

The defendant received 30 million won as investment money from the victim in the same place as the victim's money.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning C statement);

1. Statement of the police statement regarding C;

1. A complaint;

1. Cash custody certificate;

1. Application of Acts and subordinate statutes to investigation reports (credit information inquiry);

1. The reason for sentencing of Article 347 (1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommending punishment] Article 347 (1) of the Criminal Code provides that there is no basic area (6 to 100 million won) of category 1 (6 to 16 months) [the special person] [the decision of sentencing] [the defendant] of the victim's old situation, taking advantage of the victim's old situation, thereby committing the crime of this case, and making a decision of sentence more than 30 million won, and since the damage recovery is not made at all, the sentence of sentence is inevitable.

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