beta
(영문) 수원지방법원 안양지원 2014.02.19 2013고단45

사기등

Text

Defendant

A Imprisonment with prison labor of two years and six months, Defendant B's imprisonment with prison labor of one year and six months, Defendant C with prison labor of one year and one year, and Defendant D.

Reasons

Punishment of the crime

[Criminal Justice] On October 31, 2012, Defendant A was sentenced to seven months of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on April 5, 2013.

[2013 Highest 45]

1. Around September 20, 2007, Defendant A’s fraud made a false statement to the effect that “If the funds are insufficient to promote the Chinese yacht business, if the funds are lent to the victim H in the J office operated by the Defendant on the 15th floor of the Gangnam-gu Seoul International Building, Defendant A would be repaid after three days after receiving investment in other places.”

However, there is no record of importing a yacht produced in China, and at the time, there is no intention or ability to make profits to repay the principal within a short time by investing the money in the business of importing a yacht with the money received from the victim, and there is no separate income and property under the name of the defendant, and even if the above money was borrowed from the victim, there was no intention or ability to repay it.

Around September 22, 2007, the Defendant received 10,000,000 won from the victim to the new bank account in the name of the Defendant under the name of the Defendant as the borrowed money from the above office.

Accordingly, the defendant was given property by deceiving the victim.

[2013 Highest 463, 576]

2. Defendant A and B’s fraud are KK Co., Ltd. for the purpose of merchandise coupon sales business (on or before the establishment of April 16, 2012, at will use L Co., Ltd.) representative director, and Defendant B is the head of the foregoing company.

The defendants operated the above L and K in the Seocho-gu Seoul Metropolitan Government M and 512 (N building) with the trade name of the above L and K, and the defendant Eul made an investment in the business around February 2012 at the Q hotel coffee shop in Gangnam-gu Seoul Metropolitan Government P around the end of Jan. 2012, the defendants "a person may sell merchandise coupons and merchandise coupons in Yangdong with A and make an investment in the business because he may sell merchandise coupons." The defendant A made the above company around February 2012.