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(영문) 수원지방법원 2020.11.19 2020고단1490

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On July 2017, the Defendant made a call to the victim B via the phone, stating that “The Defendant would make profits if he sells or she sells to another sirens shop at the time when the Skis shop begins on October 2017 when the Skis market takes place with a large quantity of the Skis market wholesale prior to the commencement of the Skis market where the Skis market takes place. If he/she invests in money to be able to purchase the Skis market wholesale, he/she would give the money obtained by adding the principal amount of the investment after the Skis market ends.”

However, at the time of fact, the defendant did not pay taxes, etc. without any specific income, and even if he received money from the victim, he did not purchase the skiing uniform wholesale and used it for the purpose of living expenses, etc., so the victim did not have the intention or ability to pay the total amount of the proceeds of the investment to the principal even after the Ski

The Defendant received KRW 6.3 million from the victim on July 17, 2017, KRW 3 million on July 19, 2017, KRW 3 million on July 19, 2017, and KRW 300,000 on September 14, 2017 from the victim to the post office account (C) in the name of the Defendant.

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

2. On October 2017, the Defendant stated that “The Defendant would open and operate another skiing equipment siren and settle the proceeds around March 2018, when investing KRW 25 million in the Eths shop in the Eths shop operated by the Defendant in Ischeon-si, Leecheon-si.”

However, at the time of fact, the defendant did not have any intention or ability to settle the profits of the victim by opening and operating another skiing equipment siren, because he was in a situation where the operating expenses of the Erens shop operated without any specific revenue was insufficient, and even if he was invested in money from the victim, he would use it as operating expenses of the Erens shop, living expenses, etc.

On October 24, 2017, the Defendant is against the victim.