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(영문) 대전지방법원 홍성지원 2019.10.08 2019고단69

사기

Text

Defendant

The imprisonment of 10 months and the imprisonment of 6 months with prison labor of 10 months and 2 shall be determined by six months, respectively.

but this judgment has become final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On April 6, 2018, Defendant A was sentenced to imprisonment with prison labor for one year and six months in Incheon District Court Branch Branch of the Incheon District Court for fraud. On April 14, 2018, the above judgment became final and conclusive on April 14, 2018. Defendant B was sentenced to imprisonment with prison labor for one year at the Incheon District Court for fraud on September 14, 2018, and the above judgment became final and conclusive on September 22, 2018.

【Criminal Facts】

Defendant

A and Defendant B are married couple, and Victim C and Victim D are married couple.

In fact, the Defendants: (a) made an investment in the form of funds with the payment of investment funds; or (b) made an investment in the form of money borrowed from the victims despite their intent and ability to repay the borrowed money; and (c) made an investment in the business located in China through a person known by Defendant A, the Defendants were willing to induce victims to receive approximately 10% of the profits of every month; or (b) by deceiving them as if they had financial capacity and ability to repay, to acquire money with the name of investment funds or borrowed money.

1. On February 14, 2017, the Defendants jointly committed the crime that reads that “if they invest in money to obtain a credit card loan, they would pay KRW 2 million per month to the victim’s residence in Kimpo-si, Kimpo-si, Kimpo-si.”

However, the Defendants did not think that they would receive money from the victims without any particular income or occupation to use it as living expenses, etc., and even if they received money from the victims, they did not have any intent or ability to pay monthly profits or principal to the victims by investing in Chinese business, etc.

Nevertheless, the Defendants conspired to induce the victim as such, and the Defendants were issued KRW 22 million in total on four occasions from February 14, 2017 to April 25, 2017, in the same manner as the list of crimes in the attached Table (1).

2. Defendant A’s sole criminal act is committed in Suwon-dong, Gangnam-gu, Seoul around November 10, 2016.