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(영문) 대전지방법원 2014.11.13 2014고단2213

사기등

Text

A defendant shall be punished by imprisonment for not less than four years and six months.

Defendant 23.8 million won to C, who is an applicant for compensation, and KRW 20 million to D.

Reasons

Punishment of the crime

[2014 Highest 2213]

1. On June 16, 2012, the fraud Defendant stated to the victim E in the coffee shop located in Seo-gu Daejeon, Seo-gu, Daejeon, that “The Defendant would pay 20% of the profits every month, since he/she would have earned profits of KRW 6 million every month from the F beverage shop operated in G singing, and the principal invested in the future,” respectively.

However, in fact, the Defendant did not have any intent or ability to pay the proceeds of investment and the principal of investment, even if the Defendant received money from other persons without his own capital, and received money from other persons, and received money from other persons to pay the agreed proceeds of investment every month, and continued to pay the proceeds of investment as agreed upon by the victim. Thus, the Defendant did not have any intent or ability to pay the proceeds of investment and the principal of investment as agreed upon even if it received money from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim for the same day as investment money, and obtained KRW 70,80,000 from the time to October 21, 2012, and acquired it by deception.

In addition, the Defendant received a total amount of 12 billion won from 12 victims in the same manner as indicated in the attached list of crimes from around the above date to March 20, 2014, and obtained a total of 1.268 billion won from the victims, respectively, by fraud.

2. The Defendant: (a) around March 19, 2014, at the first floor parking lot of the GJke apartment apartment underground of Daejeon Sung-gu Daejeon Sung-gu Daejeon, the Defendant: (b) stated that “once he/she lends his/her four vehicles, he/she would use it only once and immediately return it” to the victim H; and (c) was transferred to the victim and kept by the victim for the victim after being handed over his/her JJS car from the victim, the Defendant refused to return it without justifiable grounds on March 20, 2014; and (d) was the Han-si, Seo-gu, Seo-gu.