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(영문) 부산지방법원 2018.01.12 2017고단5298

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The Defendant, as a business operator (mutual “G”) importing and wholesale retailing fishery products from the building located in Kimhae-si F, reduced operating income due to continuing business losses, made it difficult for investors to repay the investment funds and earnings received as a purchase name of fishery products only with normal business profits, and made it difficult for the investors to pay investments from new investors, and made it difficult for them to pay the principal of investment and earnings of existing investors. On September 2015, the Defendant’s fraud against the Victim BK was in Busan around September 2015 (hereinafter referred to as “UB”), and before the Defendant supplied active terms to BL, a “fishery products import business is being conducted.”

If such investment is made, 30% of the monthly income will be made.

“BL trusting it shall be paid monthly by the victim in Busan (hereinafter referred to as “U.S.”) at that time the victim shall be paid 30% of the principal if it has invested in the import business of fishery products by the Defendant.

“.....”

However, even if the defendant received money from the injured party as investment money in connection with the import business of fishery products through BL, he did not think that it would be used for the business of fishery products, and there was no intention or ability to return the profits promised to the injured party properly, and it was thought that the defendant would pay the money received from the injured party to other investors who invested in the defendant as investment funds

The Defendant: (a) deceiving the victim as above; (b) transferred the victim to the BL account; (c) KRW 50 million around October 14, 2015; (d) KRW 20 million on October 26, 2015; and (e) KRW 120 million on November 18, 2015; (c) acquired KRW 50 million on October 15, 2015; and (d) acquired KRW 20 million from BL on November 10, 2015; and (e) acquired KRW 20 million on November 10, 2015; and (e) acquired KRW 120 million on the total from BL.

2. Fraud against victims BM;

A. On November 20, 2015, the Defendant through BL calls from Busan (hereinafter referred to as “unexplicity”) to the BL, and KRW 20 million is the revenue cost of the hole at present.