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(영문) 광주지방법원 2018.08.10 2018고단1529

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On June 21, 2016, the Defendant is an investment vehicle that can receive profits every 250,000 won if the Defendant invested KRW 10,000 in distribution business to the victim at a Kakakao’s place.

If there is no money, the investment is not limited to one's own money, but it is possible to make a profit by receiving a loan.

Along with people in the surrounding areas, they also recommended investment.

However, in fact, the defendant received investment money from the victim and did not have the intent or ability to pay profits by investing it in the distribution business.

On June 28, 2016, the Defendant received KRW 20 million from the injured party to the Nonghyup Bank account in the name of the mother of the Defendant in the name of C, and acquired it by money.

B. On November 22, 2016, the Defendant concluded that the Defendant would pay the principal and interest on the loan to the victim at a Kakao site, and that the Defendant would pay the principal and interest on the loan to the victim in Kakao, “I would pay the Plaintiff a large amount of money in the 12-month period, and if the cash in the Kakao loan was granted, the principal and interest would be repaid within one month.

However, even if the victim borrowed money, the defendant did not have the intention or ability to repay the borrowed money because he was a bad credit partner at the time of borrowing it.

On November 23, 2016, the Defendant received KRW 2.7 million from the damaged party to the said bank account in the name of the said C and acquired it by defrauded.

2. Fraud to victims E;

A. On April 2016, the Defendant said that “In G cafeteria located in Gwangju-gu, Gwangju-gu, the Defendant said that “The Victim would be able to punish a large amount of money if he/she operates a bond, a building speculation and a distribution business, and invests in the distribution business, and an investment of KRW 500,000,000,000 per month would be 20,000 won per month.”

However, in fact, the defendant received investment money from the victim and thought that he would use it as operating expenses of the clothes store operated by himself.