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(영문) 의정부지방법원 2013.12.27 2013고단3490

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around May 4, 2011, the Defendant made a false statement to the victim E in the D market located in Hanam-si, Hanam-si, stating that “If you make an investment, you would distribute the profits from the transfer to 50:50 by entering into a contract with the transfer, and the amount of the investment will be repaid until November 30, 201.”

However, the Defendant had no income at the time and had a debt of approximately KRW 450,000,000,000, and was registered as a bad credit holder and was paid investment money from the victim, there was no intent or ability to guarantee profits or to repay the principal as agreed.

The Defendant received a total of KRW 20 million from the victim, i.e., KRW 6 million from the victim, and KRW 14 million from May 18, 201, and acquired it by fraud on two occasions, such as receiving KRW 20 million from the victim.

2. The Defendant, on March 201, 201, made a false statement to the victim F, “The Defendant, at the coastal port located in the Seocho-gu Incheon, Jung-gu, Incheon, Jung-gu, Incheon, would be entitled to pay a lot of money if he/she distributes the entire fish by entering into a contract. The Defendant, as a down payment, invested 12 million won as a deposit, thereby distributing the profit by operating a business.”

However, even if the investment was received, it was thought that it was used to repay its own personal debt, and there was no intention or ability to enter into a contract on the ship.

The Defendant, as such, by deceiving the victim, received from the victim a transfer of KRW 12 million under the pretext of investment around March 16, 201.

3. On June 5, 2012, the Defendant appeared to take an oath as a witness of the fraud case against G, the Mabu District Court 2011Kadan3421, which was able to do so by the Government-si on June 5, 2012.

The Defendant became aware of the fact that he had been aware of the fact in response to the prosecutor’s question, “I would like to say that the amount of KRW 60 million from the Defendant (G) was received from another person.”

It was known that 3-4 days have passed after receipt.