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(영문) 광주지방법원 2016.11.17 2016고단753

사기

Text

Defendant shall be punished by imprisonment for eight months, and the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A victim D became aware of the Defendant who operates a coffee shop in the name of F through a friendship E around October 2009, and opened G at the request of the Defendant around June 201. From around December 201, 2011, the Defendant, along with the Defendant, opened a business registration and a business account in the name of the victim on December 12, 201, but thereafter, the Defendant operated the said H in the name of the victim, while managing the business account in the name of the victim.

1. On April 21, 201, the Defendant: “F” located in Gwangju Metropolitan City Mine-gu I; “In order to make investments in the Republic of Korea-friendly J in opening to K” to the victim D. Since a year after the transfer of KRW 15 million to J, the Defendant said that “I will receive money from J and make a full payment without money; and “I will give five percent of the shares of the said coffee shop and receive monthly profits from the principal until the full payment is made.”

However, in fact, the defendant thought that he will use the proceeds or principal from J as personal living expenses, etc., and even if he borrowed money from the victim due to no particular property or fixed income, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, had the victim transfer KRW 15 million to the Agricultural Cooperative Account under J on the same day as the loan money, and had the victim acquire KRW 131,463,950 from that time until August 26, 2013, total sum of KRW 131,463,950, such as the list of crimes in attached Form (1), from August 26, 2013.

2. On December 201, 201, the Defendant said that “If he/she prepares a credit card under the name of a width and H that requires a large amount of cash in operating H, he/she shall pay the company operating funds with such credit card and pay the price to the victim without any difference within the settlement date.”