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(영문) 대구지방법원 2017.07.06 2017고단2322

사기

Text

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

Reasons

Punishment of the crime

1. On December 12, 2008, the Defendant is expected to make an investment in real estate by making an investment in money to the victim C on December 12, 2008, the Busan Shipping Daegu Btel 815.

If the head of the Tong is entrusted to B, he/she shall pay 100,000 won each month's revenue.

“A false representation was made.”

However, at the time, the Defendant had invested in D who performed a work related to real estate and had no amount equivalent to KRW 70,00,000, and could no longer invest in real estate due to D around September 2008. In excess of obligations, such as the amount of money in return for real estate investment amounting to KRW 55,00,00,00, the Defendant was expected to use the Defendant’s living expenses or operating expenses as the real estate investment amount even if the Defendant received money from the injured party as the real estate investment amount, and there was no intention or ability to pay the profits after the investment of real estate.

As such, the Defendant, by deceiving the victim, received 3,50,000 won from the victim to a new bank account in the name of Dong F on the same day from the victim, and acquired 86,390,000 won through 10 times in total from around that time to August 27, 2009, such as the list of crimes in the annexed crime list.

2. The Defendant, on April 2009, was unable to start the start-up fund for the Victim C to start the business at the domestic shipping yard in order to operate the business at the domestic shipping yard.

However, since it is difficult to use the funds immediately due to the grouping of funds, it is false that the loans of KRW 30,000,000,000 shall be repaid within several months as the grouping of money is repaid.

However, the defendant has already failed to pay 5,000,000 won to E, such as the preceding paragraph at the time.