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(영문) 서울서부지방법원 2018.05.25 2017고단2400

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant will pay 7,456,562 won to the applicant B.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 31, 2017, the Defendant was sentenced to ten months of imprisonment by this court due to a violation of the Act on the Regulation of Similar Receiving Acts, and the judgment became final and conclusive on January 26, 2018.

【Criminal facts】 The Defendant, around October 201, in the office of the Dispute Resolution Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government, deposited the Victim B with E, “50 million won, thereby making an investment in the office of the Dispute Resolution Co., Ltd., and thereby raising the company’s sales. The Defendant, within the two-month period, shall deposit the paid-in capital of KRW 20 million and the principal amount of KRW 50 million.

“A false representation was made.”

However, the fact was that the defendant thought that most of the money received was used for his personal purpose, and that he did not have the intent or ability to pay allowances and principal to the victim. If the victim knew of this fact, he did not pay the money to the defendant.

As above, the Defendant: (a) received KRW 10 million from the victim’s account in F Bank G on October 25, 201 from the victim; and (b) received KRW 77,456,562 from the time on January 23, 2012, from that time, the Defendant received KRW 10,000 from the victim’s bank G account; and (c) received KRW 77,456,562 from the time to January 23, 2012

Around May 21, 2012, the Defendant, along with H et al., called “private horse investment business,” a general manager H et al., engaged in the business of soliciting investors. Around May 21, 2012, the Defendant made a false statement that “I, J-dong K, Seoul, the Defendant’s residence, grants a large amount of money, and the Victim L will pay 30% interest per month.”

However, in fact, the Defendant and H did not have invested in the private horse, and there was no choice but to take measures to repay various allowances, such as principal and earnings, for the existing investors.