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(영문) 수원지방법원 여주지원 2019.03.22 2019고단25
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2018, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Incheon District Court on February 27, 2018, and the judgment was finalized on February 27, 2018, and on December 7, 2018, the judgment was finalized on December 11, 2018, by being sentenced to one year of suspension of execution for six months of imprisonment for fraud in the branch court of Suwon District Court.

Around October 2016, the Defendant, via the introduction at C Office, operated by the Defendant in Gwanak-gu, Seoul Special Metropolitan City, the Defendant made a false statement to the effect that “A store that keeps 10,000 tons of waste electric wires in the Gyeonggi-do Ansansan and Seoul diving room.” The Defendant may sell copper, which is located in the waste electric cable, at least two to three times profits may be raised. 50 million won of down payment is required.” The Defendant made a false statement to the effect that “a two times the investment amount is paid as profits.”

However, even if the Defendant received money from the victim, it did not guarantee that the Defendant would not have any intent or ability to sell the money, and would make high profits within a short period by using the investment money. The Defendant would have to pay 10-15% profits to the investors every month and redeem the principal and profits to the existing investors with the investment money retained by the lower investors. Therefore, as long as a new investor is not retained continuously, the Defendant did not have any intent or ability to pay the agreed profits to the victim together with the principal.

As above, the Defendant, by deceiving the victim as above, received a total of 66 million won from October 27, 2016 to December 30, 2016 as investment money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Complaint of the E or F;

1. Statement of G and E;

1. A criminal investigation report (a statement additionally made by a victim);

1. Decision of the Incheon District Court (2017No4475);

1. Investigation report (verification of recent judgments of suspects and in the number of female prisons);

1. Application of Acts and subordinate statutes as a result of inquiry;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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