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(영문) 제주지방법원 2020.08.12 2018고단902

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around January 1, 2014, the Defendant proposed that “C” restaurant in Busan Jin-gu, Busan be operated and operated as a partner with the Defendant’s child E (hereinafter the instant main store) while operating the restaurant, and that “F” be operated in the same manner with the Defendant’s child E.” (hereinafter the instant main store), and that “If a person invests part of the funds for the opening of the business, he/she will be in charge of the preparation of the opening of the business, he/she will be in charge of the preparation of the opening of the business,” and the victim who accepted the said proposal transferred KRW 30 million to the account in the name of the said E as investment deposit around January 19, 2014, and KRW 25 million around February 11, 2014, respectively.

After that, the Defendant was preparing for the opening of the business on March 2014, the Defendant agreed to the victim by stating that “The total amount of the opening of the business was required to exceed KRW 150 million. Of KRW 150 million, the remainder of KRW 95 million, excluding KRW 55 million invested by the Party, was invested. From April 2014, the Defendant agreed to divide the profits accrued from the opening of the business into “6 (Defendant and E: 4 (victim)” according to the ratio of the investment amount. On July 2014, the victim made an additional investment of KRW 20 million and made an additional investment of KRW 20 million into “5:5.”

However, from January 2014 to March 2014, the Defendant’s total expenses incurred in preparing the instant main shop opening from around KRW 150,000 to KRW 81,000,000,000,000. As such, when allocating profits according to the investment deposit ratio, the Defendant could not be allocated at the same rate as “6: 4” and “5:0,000,000,000 won.” However, the Defendant made a false statement to the victim as he/she invested KRW 95 million.

As such, the Defendant, by deceiving the victim, received the total amount of KRW 83,146,581 from April 2014 to January 2017 from the victim, as shown in the list of crimes in the attached Table, and acquired it under the name of gross amount of KRW 83,146,581.

Summary of Evidence

1. Partial statement of the defendant;

1. Each of the witnesses D, G, and H.