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(영문) 부산지방법원 동부지원 2019.10.02 2019고단322

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

"2019 Highest 322"

1. The Defendant, from June 1, 2016 to November 9, 2018, operated “D Co., Ltd.” as an automobile lessee in the Busan Shipping Daegu Building C, Busan Metropolitan City from around November 1, 2018.

On March 25, 2018, the Defendant, at the above D office, contacted the Defendant F, via E and telephone, saying, “A good business is available to purchase an overseas Schlage at a low price and sell it at a low price. There is no risk, and the funds will promptly return to the Fund. Upon deposit of money, the principal is guaranteed and at least 5% of the investment principal of each month is invested.”

However, even if the Defendant received an investment from the victim, he/she thought that he/she will use the leased vehicle deposit, etc. to pay his/her personal debt or return it to the returned lessee. From November 2017, since the above D's operation is not well-grounded, sales have to be spent at a fixed cost every month without any degree, and since January 2018, the operation of the business has deteriorated, such as attempting to sell the company's own property through the land manager. Since the Defendant himself/herself was placed in very difficult economic situation to reach KRW 190,000,000,000,000,000,000 won was paid every month, or there was no intention or ability to guarantee the principal even if he/she received an investment from the victim.

The Defendant, on March 26, 2018, transferred KRW 50 million from the victim’s G Bank account (H) under the name of the Defendant to the G Bank account (H) and received a total of KRW 90 million from the said method twice until April 18, 2018, as indicated in attached Table 1.

Accordingly, the defendant was given property by deceiving the victim.

"2019 Highest 725"

2. The Defendant is the Busan Shipping Daegu around June 26, 2018.