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(영문) 대구지방법원 2016.10.07 2016고단3613

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in day duty.

1. On November 5, 2008, the Defendant, who committed the crime of November 5, 2008, concluded that “D,” which was found as a funeral procedure issue of husband’s funeral in Daegu Northern-gu, Daegu-gu, (hereinafter “D”), made a false statement to the Doe E (the age of 67) who was the victim of the victim, “it is very high that C is doing a charnel business, and the profitability is very high. When investing money, the principal shall be repaid within one year, and the principal shall be paid within two years, and the profits shall be paid as the principal. (b) Since there is a reduction in the amount of money to be invested, if money is returned at any time, it shall be immediately returned.”

However, in fact, the defendant does not have a share or a right to sell a charnel in relation to a charnel under the investigation into the location of the Seodaemun-gu in Daegu-gu, but only for the customers who found in the funeral business to introduce a charnel house and to sell it in lots. Since the number of charnels, which introduced the above date and introduced from the completion of the funeral investigation in 2006, is less than five, it does not actually engage in sales agency business. Even if the defendant borrowed money from the victim, the defendant did not have the intent or ability to reduce the investment proceeds to the victim.

As above, the Defendant, by deceiving the victims, received KRW 39 million from the victims in relation to the business of selling charnel houses by proxy.

2. On March 19, 2009, the Defendant committed the crime of March 19, 2009, the Defendant made a false statement to the Victim E (n, 67 years old) of the said “D” to return the investment money specified in paragraph (1) to the victim E (n, 67 years old). “In order to take over the funeral hall at present with 6-7 members at present, if an investment of KRW 100 million is made, the restaurant is operated. In operating the restaurant of the funeral hall, the Defendant may bring profits of KRW 3 million from KRW 2.5 million per month to KRW 2.9 million per month. The Defendant made a false statement to the effect that the Defendant invested KRW 39 million in the preceding month included in the investment of KRW 100 million in the said KRW.”

(b).