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(영문) 부산지방법원 2014.03.19 2013고단7250

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. 23 million won Defendant did not have any intent or ability to pay the principal and profits to the victim even if the victim received money from the victim C under the pretext of investing in the money intermediary.

Nevertheless, on June 11, 2012, the Defendant made a false statement to the victim C at the Defendant’s residence located in Busan High-gu, Busan High-gu, Busan High-rise, and the fourth-story, stating that “The Defendant would make an investment in the gold box with a value of KRW 23 million in a value of KRW 100,000,000 per day during a week to impose profits every 200,000 won during a week,” and on June 14, 2012, the Defendant received cash of KRW 13 million from the victim on June 11, 2012.

Accordingly, the defendant deceivings the victim, thereby obtaining a total of 23 million won from the victim.

2. The Defendant did not have any intent or ability to pay the principal and the profit to the victim even if he receives money under the pretext of money as investment to purchase a ship from the victim because it was not possible to purchase the ship at an auction to cover up the 50 million won after dismantling the ship.

On July 10, 2012, the Defendant, at the Defendant’s residence located in Busan, Busan, on the part of the Defendant, declared that “if he dismantles the ship, he will run to the ship, and he will pay KRW 65 million to the Defendant for auction after the month.” On July 10, 2012, the Defendant was issued KRW 18 million in cash from the victim’s residence on July 10, 2012; KRW 15 million in the same place on the same day on July 11, 2012; and KRW 17 million in the E-mail located in the same Dong-dong located in the same day on July 17, 2012. < Amended by Presidential Decree No. 23748, Jul. 10, 2012>

Accordingly, the defendant deceivings the victim, thereby obtaining a total of 50 million won from the victim.

3. 35.7 million won is not able to trade any money from the street, and even if the Defendant receives money from the victim as an investment money, he/she is unable to do so.