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(영문) 대구지방법원 2017.09.12 2017고단2425

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2015, Defendants show a certified copy of the registry of the said corporation as if they newly establish a legal entity of the trade name, namely, E Co., Ltd. for the purpose of selling merchandise coupons wholesale and retail business, at the Bowon Industrial Development Office in Daegu-gu, Seocheon-gu, Daegu-gu, 2015, the victim D, the inside director of the company is Defendant A, and directly operate merchandise coupon sales business.

Modern, lot, new world, etc. are handled and traded only by large enterprise merchandise coupons, and 90% per par value is purchased and then the merchandise coupons are sold to the department stores, etc. which are business partners, at par value 95%, and 5% profits are generated.

If it is repeated once in one month, profit can be raised, and it can not be damaged because it is a cash transaction in full.

The principal shall be repaid until April 30, 2016, and the monthly interest shall be paid in 5% each on the 15th day and 30th day of each month.

The phrase “ makes a false statement.”

However, the Defendants did not directly engage in gift certificate business, and Defendant A engaged in the business of selling gift certificates at around that time, and collected investment money by using similar receipt.

The company director of the above E E E company as a security for the investment money by investing money in F, was in the name of Defendant A, and Defendant A did not actually operate the above E company and engage in merchandise coupon business. Even if the borrowed money was received from the injured party, all of them were to make an investment in the merchandise coupon sales business, and there was no intent or ability to pay the interest agreed upon by the injured party or to repay the principal by the agreed date.

The Defendants, as seen above, by deceiving the victim, received KRW 30 million on December 15, 2015 from the victim, and KRW 30 million on December 31, 2015 from the victim, respectively, to the account under the name of the Defendant A.

As a result, the Defendants conspired to induce the victim.