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(영문) 서울동부지방법원 2015.11.13 2015고단830

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall pay 51,400,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

around January 2013, the Defendant became aware of the Victim E through D, which carries out a car-sab (heat crops similar to Go-gu) export project in Cambodia, around January 2013.

The Defendant, around March 12, 2013, at the “G” coffee shop located in Gangnam-gu Seoul Metropolitan Government, stated that “1 billion won is a foreign exchange problem in a bank. The expenses for solving the foreign exchange problem are needed. First, if the Defendant lends KRW 100 million to D, he/she would resolve the foreign exchange problem and repay by March 20, 2013. The Defendant would have invested KRW 100 million in Kaba business and will additionally invest KRW 900 million in Kaba business, but if he/she fails to repay the money by the promised date, he/she would waive all the rights arising from the investment in Kaba business.”

However, the defendant did not have the sales price of the Japanese building that he would bring into Korea, and he thought that the money borrowed from the victim would be used as debt repayment, and there was no intention or ability to repay the money even if he did not own any property at 10th credit rating.

The Defendant received KRW 100 million from the victim to the national bank account in the name of the Defendant on the same day.

Around May 2014, the Defendant: (a) made a false statement to the victim C by purchasing a carba in Cambodia; and (b) made a false statement to the victim C by concluding an agreement with the victim on the “joint management and distribution purpose” at a coffee shop in Seocho-gu Seoul Metropolitan Government, where it is impossible to know the trade name in Seocho-gu, Seoul, with the victim on June 5, 2014; (c) made a false statement to the effect that “if the victim purchased the carba in Cambodia and sells it to Vietnam, he/she may yield a lot of profits if he/she sells it.” (d) made an investment, he/she would give 50% of the company’s officers, etc. and will give 50% of the equity interest.”

However, the defendant establishes the above factory.