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(영문) 창원지방법원 통영지원 2017.11.09 2016고단2027

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

around October 2014, the Defendant made a false statement to the effect that “The Defendant would pay 2% of the monthly investment to the victim C an investment company in the foreign exchange of D’s relatives and relatives.”

However, even though the Defendant had worked in the said D Investment Company, the Defendant had already retired from the Company on April 2014, and was planned to use the said money for personal living expenses, dividends to the existing investors, etc. even if he/she received the money from the damaged party, he/she did not have any intent or ability to pay the principal and interest of 2% per month to the victim even if he/she received the money from the damaged party.

Nevertheless, the Defendant received each remittance of KRW 10 million from the injured party on October 1, 2014, KRW 10 million on the 111th of the same month, KRW 10 million on the 10th of the same month, and KRW 10 million on December 4 of the same year.

Accordingly, the defendant deceivings the victim and defrauds the total of 30 million won.

"2017 Highest 873"

1. On April 15, 2013, the Defendant against the victim F was operating the victim’s “private village or foreign exchange investment company” with the victim’s 39 association in the Army located in Gyeongnam-gun, Chungcheongnam-gun around 15, 2013.

If investment is made at this place, the principal will be guaranteed and 3% of the monthly profit will be paid.

“The purpose of “ was to make a false representation.”

However, even if the Defendant received money from the injured party, he did not intend to use the money in foreign exchange investments even if he received money from the injured party, since he planned to use the money as an individual share investment, a dividend to the existing investors, living expenses, etc., and there was no intention or ability to pay the principal and the profit promised to the injured party without any specific property at the

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on April 15, 2013 for the purpose of making investments, and then acquired the difference of KRW 5 million by deceiving the victim.