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(영문) 수원지방법원 성남지원 2015.08.28 2014고단427

사기등

Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

The defendant is a person who works as the representative director of G in Gangnam-gu Seoul Metropolitan Government F from July 20, 2012.

1. Fraud against victim D;

A. On July 2012, the Defendant concluded that “Around July 2012, H shall pay KRW 23 million to H at the initial licensing cost in the United States I.S., the Defendant would immediately return KRW 10 million if he/she lends the loan to his/her father (D) who is anticipated to raise money, to his/her father (D).”

However, the Defendant did not have any property, and most of the above business funds have been raised as loans, so even if he borrowed money to the victim D, he did not have any intent or ability to repay it.

Around August 6, 2012, the Defendant received KRW 10 million from the victim to the J account, Co., Ltd., Ltd., and acquired it by fraud.

B. On November 28, 2012, the Defendant made a false statement with H that “The Defendant shall pay KRW 250 million for the initial cost of the license to the United States” at the above office, stating that “The Defendant shall pay KRW 200 million to his father (D) if he lends KRW 50 million to his father.”

However, the Defendant did not have any property, and most of the above business funds have been raised as loans, so even if he borrowed money to the victim D, he did not have any intent or ability to repay it.

Around November 30, 2012, the Defendant received 50 million won from the victim to the J account and acquired it by fraud.

2. On November 20, 2012, the Defendant against the victim E makes a false statement to the victim E, stating, “A person who has made an investment in the amount of KRW 100 million to the extent that the funds for managing a branch of the said G office fall short of KRW 50 million. A person who has made an investment in the said amount shall not communicate with the victim himself/herself. The said amount shall be repaid until February 28, 2013. The interest shall be paid at a rate of 5% per annum and KRW 210,00 per month. The store may be repaid with the franchise fee.”