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(영문) 서울남부지방법원 2019.09.27 2019고단3177

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On May 16, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Southern District Court for fraud, and the judgment was finalized on May 24, 2018.

1. On September 17, 2018, the Defendant made a false statement to the effect that “The Defendant would attract 3 billion won overseas investment funds from Singapore if he/she paid 90 billion won to the victim’s office located in Q Q located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, as the head of overseas consulting headquarters, with the experience of 100s of attracting overseas investment funds, and paid 90 billion won with consulting fees.”

However, the defendant did not have any intention or ability to attract foreign funds even though he received consulting fees from the victim.

Nevertheless, around October 25, 2018, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the R&C account under the name of the Defendant; around November 23, 2018, the amount of KRW 30 million to the said R&C account; and around December 20, 2018, the amount of KRW 8 million to the KO bank account under the name of the Defendant, respectively. < Amended by Act No. 15038, Dec. 20, 2018>

2. Around January 28, 2019, the Defendant committed the crime against the victim S made a false statement to the effect that “Around January 28, 2019, the victim is working as the head of the headquarters at the intra-company B, consulting to attract overseas investment funds. The Defendant applied for a loan of KRW 3 billion from an investment company in Washington, and the amount of KRW 2.5 billion was loaned from the investment company in Washington.” At work expense, the Defendant made a false statement to the effect that “I would attract investment funds on the face of KRW 45 million.”

However, in fact, the defendant did not have any intention or ability to attract investment money even if he received consulting down payment from the victim, since he did not have any intention or ability to attract overseas funds at once, and it did not have applied for a loan of 3 billion won as above.

Nevertheless, the defendant deceivings the victim as above and belongs to it from the victim.