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(영문) 인천지방법원 2014.07.24 2014고단1795

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 3,869,200 won to the applicant for compensation, respectively.

Reasons

Punishment of the crime

[Criminal Power] On January 2, 2014, the Defendant was sentenced to six months of imprisonment for fraud in the Vice-Support of the Incheon District Court, and the said judgment became final and conclusive on March 31, 2014.

【Criminal Facts】

1. On December 2009, the Defendant, through deceptioning the victim C and D couple, proposed the victims to travel to Germany on or around December 18, 2009. The victims decided to travel to Germany on December 18, 2009.

On December 17, 2009, the Defendant told the victim D by telephone at an irregular place that “I would like to exchange money to a eroding in good conditions when sending money.”

However, even if the defendant received money from the victims, he only attempted to use it for personal purposes and did not have the intention or ability to exchange it.

Nevertheless, the Defendant made a false statement as above, and he received 3 million won from the victims to the Korean bank account under his own name, and acquired it by fraud.

2. Fraudation of the money related to a fish farming institute;

A. A. On September 2010, the Defendant sent e-mail to the victims and explained that “A private teaching institute is to be established in an area where the current church is located in the German uniform defect area. If the Defendant invested KRW 20 million in the amount of KRW 2,500,000,000 per month, the principal will be paid and repaid within one year,” thereby giving considerable profits.

After that, on September 26, 2011, the Defendant stated to the victims through e-mail, etc., that “When a private teaching institute is established, it would make an investment on the date of monthly profit, which would have been able to make a considerable amount of money. It has already been invested and almost completed. It is necessary to pay KRW 50 million with the deposit and construction cost of the building lease. If an investment of KRW 50 million is made, the Defendant may make a monthly profit of KRW 3 million and appoint the victim C as the vice-president of a foreign teaching institute and give approximately KRW 3,600 as an annual salary.”

However, the Defendant leased the above fish driving school building on condition that it is exempt from monthly rent for six months.