beta
(영문) 의정부지방법원 고양지원 2015.03.20 2013고단2165

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2013 Highest 2165]

1. On September 2012, the Defendant made a false statement to the effect that “If he/she invests 55 million won in a business entity of the Victim E, the victim E with the fourth 402 floor of the building D in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant sent money to the Defendant’s account to the Victim E” to the effect that “if he/she invests 55 million won in the said business entity, he/she will guarantee the victim E’s profit of 10%.”

However, there was no intention or ability to pay 10% profits to the victim by making investments in Section C. However, there was no intention or ability to pay 10% profits to the victim.

As above, the Defendant, by deceiving the victim as above, was transferred from the victim E to the new bank account in the name of C for investment in the sum of KRW 50 million on September 13, 2012, and KRW 55 million on September 20, 2012. < Amended by Act No. 11401, Sep. 13, 2012>

2. On September 2012, the defrauded made a false statement to the effect that “The Defendant would purchase goods abroad and make profits from 10% of the total amount of 10%” at the F office of the F office of the said F office for the first police officer.

However, the fact was that the credit was issued and the defendant intended to purchase goods abroad to use them for the repayment of obligations to G, an existing creditor of the defendant, and there was no intention or ability to pay 10% profits to the victim E by importing and selling goods for the victim E.

Around September 28, 2012, the Defendant, by deceiving the victim E, caused the said victim to obtain financial benefits equivalent to USD 59,724.9 ($ 63,535,348) by importing and delivering to G, around October 6, 2012, the Defendant acquired financial benefits equivalent to USD 59,724.9 ($ 63,535,348) by providing the said victim with credit of USD 98,843, by providing the said Plaintiff’s credit to the Enterprise Bank.

[2014 Highest 145]

3. Fraud against the victim H.