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(영문) 의정부지방법원 2019.02.28 2018고단5052
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

In Cambodia around 2010, the Defendant: “Around 2010, the Defendant: (a) sent the Victim B to the Victim; (b) “B graduated from the United Kingdom C University; (c) served as a fund manager in the United Kingdom Company; and (d) had been aware of the good performance; and (c) caused the Victim to believe himself as a fund manager.”

피고인은 2012. 7.경 캄보디아 씨엠립 이하 불상지에서 피해자 B에게 ‘여윳돈을 투자하면 그 자금으로 내가 주식 투자를 해서 수익금을 원금의 20%까지 지급하겠다. 원금 손실이 나더라도 내 개인 자산으로 보전해 주겠다.‘는 내용으로 거짓말을 하였다.

However, in fact, the Defendant did not work as a fund manager in the English-based company, and was thought to have been used as the operating fund for the (State) D with whom the Defendant received money from the victim, and thus did not have any intent or ability to pay the principal or profit to the victim by making an investment in the shares as agreed with the victim.

In other words, around July 9, 2012, the Defendant, by deceiving the victim, received USD 10,00 in cash as stock investment money from the victim, and received USD 289,960 in total seven times from around that time to July 15, 2014 in the same manner as shown in the attached crime list (Korean USD 297,788,920) in the same manner as shown in the attached crime list.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the respective Acts and subordinate statutes in B, F and G;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The sentencing criteria shall be recommended; and

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