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(영문) 청주지방법원 영동지원 2010.09.09 2009고단9

사기

Text

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

Reasons

Punishment of the crime

1. Around 15:00 on November 27, 2006, the Defendant made a false statement to the victim D that “if the Defendant makes an investment of KRW 50 million in order to discontinue to engage in the distribution business after the closing of the set, he/she will receive a monthly profit of KRW 3 million.”

However, in fact, at the time, the amount of debt KRW 54 million was not repaid and invested in the commercial sales business from another person. However, although it was planned to use the personal debt for the repayment of the money received from the victim due to the loss of 1.60 million won from the investment in the commercial sales business, there was no intention or ability to divide the profits to the victim by investing the said money in the distribution business.

The Defendant, by deceiving the victim in such manner as above, received KRW 20 million from the victim to the Agricultural Cooperative Account of the Defendant’s wife E on the same day, and transferred KRW 30 million to the F bank account around November 29, 2006.

2. On December 18, 2006, the Defendant made a false statement to the effect that “10 million won is changed when intending to invest in the event site of medicinal funeral (health functional food)” to the victim at the place of selling health functional foods in Seo-gu Daejeon, Seo-gu, Daejeon.

However, there was no intention or ability to divide the profits to the victim by investing in the distribution business related to the event site because the victim was planned to use the money received from the victim for repayment of personal debt due to the circumstances such as the statement in Paragraph 1.

The Defendant, by deceiving the victim in such manner as above, received from the victim a remittance of KRW 10 million to the account of the said E on the same day.

3. On January 11, 2007, the Defendant phoneed the victim at a place where Daejeon or lower is unknown, and made a false statement to the effect that the Defendant “as to purchase the goods, the amount of KRW 30 million should be changed.”

However, the money received from the victim due to the circumstances such as Paragraph 1 shall be used for the repayment of the personal debt.