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(영문) 전주지방법원 2017.11.17 2017고단1179

사기

Text

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

Reasons

Punishment of the crime

[criminal records] On August 10, 2016, the Defendant was sentenced to three years of imprisonment with labor for a violation of the Act on Fraud and Door-to-Door Sales, Etc. at the Suwon Flag, and the judgment became final and conclusive on January 21, 2017.

[Criminal facts] 2017 Highest 1179

1. On December 9, 2014, the Defendant is running a business to make food water disposal equipment to the victim D from Busan Jin-gu Ctel 902.

When investing money, the principal and profits of the invested money will be paid when selling food disposal equipment at the market.

“...........”

However, even if the defendant receives money from the injured party, the defendant did not have the intent or ability to invest in the food processing machine business or to pay the principal or the profits of the investment to the injured party.

From December 9, 2014 to March 25, 2015, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 52,22,200,000 to the Agricultural Cooperative account in the name of E, a company run by the Defendant; and (c) as in the list of crimes, 16 times from January 24 to April 6, 2015, the sum of KRW 3,378,00,000,000,000,000,000,000 from March 24, 2015, as in the list of crimes (2) was transferred to the said E, and acquired a claim equivalent to the same amount by having the said E, as the seller, settle the card without trading goods, etc.

Accordingly, the defendant acquired the 85980,000 won from the damaged person.

2. The Defendant, on March 31, 2015, collects money from the victim D for the “food water treatment fund” at an unspecified place, and will lend KRW 30 million to the victim after two months.

“...........”

However, even if the defendant borrowed money from the injured party, the defendant did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim and deceiving the victim, shall be the F (E) operated by the Defendant, in total of KRW 30 million on April 2, 2015, and KRW 10 million on March 31, 2015, April 1, 2015, and April 2, 2015, respectively. < Amended by Act No. 13200, Apr. 2, 2015>