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(영문) 대구지방법원 서부지원 2013.03.14 2012고단1394

사기

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2012, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) and one year of suspended execution on November 24, 2012 in the Western Branch of the Daegu District Court.

【Criminal Facts】

On December 17, 2009, the Defendant had a domicile on the second floor of the Daegu Southern-gu D Center, and was in charge of the installation of directors, film advertising equipment (DID, DID), and video advertising equipment (DID, DDR) established on December 17, 2009. G played the role of managing company funds as the representative director of the above E, and overall management of the company. H took charge of the production of film materials for the above E director, and H took charge of the management and supervision of H and the Defendant’s work while assisting the work of G as the above director.

At the above E office around January 4, 2010, the Defendant and the above G et al. concluded that “On the grounds that: (a) our company purchases video advertising equipment (DID) and rents it to a wedding hall or event room and creates revenue from rent in a strict size; (b) if 5.5 million won per unit is invested with the purchase cost of equipment 1st unit, the Defendant and the above G et al. shall guarantee the profits of KRW 18 to 50 million every week from the third week following the investment of each unit.”

However, in fact, the Defendant, G, etc. did not have the ability to operate a business that leases or installs video advertising equipment as above, and did not otherwise engage in other business, and thus, there was no intention or ability to pay the proceeds above the principal according to the agreement even if such investment was received.

The Defendant, G, etc., by deceiving the victim as above, received KRW 5.5 million from the victim, namely, remittance from the victim as investment money, and received KRW 3,346,30,000 in total over 343 times from around that time to November 23, 2010, as shown in the list of crimes in attached Form.

Accordingly, the Defendant received property by deceiving others in collusion with G, K, H, I.

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