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(영문) 서울중앙지방법원 2019.07.17 2019고단382

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant was a person who worked as a designer B from 2015 to B.

1. In May 2015, the Defendant was transferred KRW 34 million to a bank account in the name of the Defendant’s name on June 27, 2015, to the victim C in carpets that may know the trade name near the paper basin in Jongno-gu Seoul Metropolitan Government real zone, and if the Defendant subscribed to the six-month fake LS goods only sold to the internal people of the company, at least 6% higher than the commercial bank.

However, there was no ESS product that only sells to the people inside the company at the time, and even if the defendant received money from the victim, he was planned to use the money to pay the defendant's personal debt, and there was no intention or ability to return the investment principal and interest to the victim.

As such, the Defendant, as shown in [Attachment 1-5] No. 1-5, acquired KRW 63,120,000 from the victim from that time to June 29, 2016, including the acquisition of KRW 34 million from the victim.

2. On June 2016, the Defendant stated that “If the Defendant invests 20 million won in the sale of commercial buildings located in Sejong City, at least 15 percent of profits may accrue if it invests in the sale of commercial buildings located in Sejong City,” the Defendant was transferred KRW 6 million from the victim to the bank account in the name of the Defendant on July 27 of the same year under the pretext of investment.

However, even if the defendant received money from the victim, he did not think of the investment in commercial buildings and planned to use it for the repayment of his personal debt, and there was no intention or ability to pay the invested principal and the profits to the victim

As such, from October 26 of the same year, the Defendant acquired a total of KRW 20 million from the victim seven times from the victim, as shown in the [Attachment Table No. 6-12] from October 26 of the same year, from that time, including the defraudation of KRW 6 million from the victim.

Summary of Evidence

1. The defendant;