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(영문) 대전지방법원 2015.06.23 2015고단1273

사기

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. In fact, around 2011, the Defendant did not receive the land sale price from the mother’s door, and even with respect to foreign trade, it did not have any particular experience and experience so that it could make profits from the trade company by operating the trade company, and around 2012, C, a trade company run by the Defendant, was in a situation where sales could not be raised almost.

Nevertheless, on April 26, 2011, the Defendant: (a) made a false statement that “The Defendant established and operated a FF enterprise with an investment of KRW 20 billion from the inside door, and is in need of any further investment; (b) made an investment in favor of the victims; and (c) made a false statement that he/she would be able to immediately return the principal if he/she is in advance.” (d) received KRW 30 million from the victims on April 26, 201 to the G name bank account under the pretext of investment in the trade business from the victims on April 26, 2011; and (b) received KRW 230,000,000 from the victims on September 5, 2012 to obtain KRW 30,000 from the victims on the basis of the “trade business” as stated in the attached list of crimes from November 5, 2012 to the victim’s investment in the trade business.

2. The fact was that the Defendant had no experience or professional knowledge in financial investment, such as stocks, and the Defendant did not have established the H company, and there was no investment of KRW 20 billion in the Defendant’s text in the company. Since the said company did not have obtained a financial investment business license or registered under the relevant laws, it was not able to attract funds and operate them under the pretext of financial investment. Therefore, even if it received money from the victims under the pretext of financial investment, there was no intent or ability to pay the principal or profits to the victims.

Nevertheless, the defendant is the defendant of Daejeon around August 31, 201.