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(영문) 의정부지방법원 고양지원 2014.11.18 2013고정1768
사기
Text

Defendant shall be punished by a fine of KRW 3,000,00. If the Defendant fails to pay the said fine, 50.

Reasons

Punishment of the crime

On July 3, 2010, the Defendant, at the office D Co., Ltd.’s office working for the victim C in Changwon-si, Changwon-si, Inc., Ltd., the Defendant concluded that the Defendant “(State) E Co., Ltd., purchased pigs from the livestock raisers nationwide to put them in the Republic of Korea, thereby obtaining a large amount of profits from selling them at the nationwide retail store.” As such, when investing KRW 3.5 million per one unit, KRW 3.5 million per three unit, and KRW 1.5 million per three unit, the Defendant would pay 50,000 won for every six months, including the principal and interest, on every Saturday, to make profits of KRW 12.5 million, including the principal and interest.”

However, the fact is that the defendant almost did not operate the company at the time, and the financial status of the company was difficult to go through a system, so even if he received investment money from the victim, he/she purchased and stored pigs and did not have the intent or ability to pay the principal and interest to the victim.

The Defendant received 10,500,000 won from the victim, namely, the money for investment.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Investigation record of the criminal defendant;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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