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(영문) 대구지방법원 2017.09.14 2016고단6046

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On Nov. 1, 2014, the Defendant, at the Defendant’s office located adjacent to the D District World in Daegu Northern District (Seoul Northern District) around 2014, said false statement was made to the Victim E that “If the Party made an investment of KRW 1.5 million, the President N.W. would have invested KRW 35 million, 100,000,000,000 per month, which is 10% of the principal of the Internet game business, and if the Party had incurred a loss to KRW 10,000,000,000 won, the Defendant would immediately cease the business and return the investment amount to KRW 35,50,000.”

However, even if the defendant received 35 million won from the injured party, he thought that some part of the money was used as personal living expenses, such as down payment and computer expenses, and the remaining money was thought to make a profit by investing in the Internet gambling site, so there was no intention or ability to return 3.5 million won per month to the injured party.

The Defendant, as such, by deceiving the victim, received KRW 35 million from the injured party under the pretext of business investment around November 26, 2014.

2. On April 3, 2015, the Defendant of the crime committed around 2015 thought that “The game business is not good to see the Plaintiff’s game business, and it will look at other businesses.”

Before doing so, the loan business is set up, and the F, a private village, is also subject to the loan law, so I want to run the loan business.

A false statement was made that the principal of KRW 35 million invested in a game business will be paid as investment in the loan business, and if additional investments are made, the amount equivalent to 5% of the monthly investment will be paid as interest.

However, the defendant was given by the injured party for the purpose of investment in the game business as described in the above paragraph (1).

Most of the 35 million won have not been spent, and it was thought that the defendant would use the money for the defendant's living expenses, etc. by receiving the money from the injured party, and thus, even if the money was paid from the injured party, the amount equivalent to 5% per month shall be paid by using it as a loan business.