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(영문) 인천지방법원 2013.04.10 2012고단11147

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On November 2009, the Defendant made a false statement that “The Defendant, at the office of the Jung-gu Incheon Metropolitan City C&C Co., Ltd., on the first day of November, 2009, stated that “The Defendant may receive dividends in KRW 200,000 after three months if he/she puts the container loaded on board a ship, allow the victim D to engage in business by leasing the container loaded on board a ship, allowing him/her to engage in business.”

However, the defendant was unaware of the Snoco's relationship, and there was no intention or ability to engage in business by lending the container's loading space.

Around November 5, 2009, the Defendant, by deceiving the victim as such, received KRW 4,00,000 from the victim as investment money from the victim, and acquired KRW 108,100,000 in total over 18 times from around that time to July 26, 2012, as shown in the attached crime list.

2. The Defendant served for a company with the main purpose of leasing and transporting a ship, which is a criminal fact-C.

On December 15, 2011, the Defendant made a false statement to the victim F, “On the lease of the part of loading the cargo to be loaded with the ship in Bupyeong-gu Incheon E, Bupyeong-gu, Incheon, the Defendant would pay interest of KRW 100,000 for 6 months each month when he/she operates tin business if he/she invests KRW 5,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, even if the defendant has received an investment from the victim, he was unable to use it for the pre-project, but he was given 5 million won from the victim around the 16th of the same month.

B. On March 21, 2012, the Defendant, even if having received an investment from the victim, did not have the intent or ability to use it for tin business, the Defendant’s false statement is made to the victim.