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(영문) 서울북부지방법원 2012.09.20 2012고단1718

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant against the victim C was a bad credit holder. From March 201, the Defendant began to engage in the business of manufacturing and selling semi-finished goods into clothing and finished goods in the name of another person from March 201, but the business was not operated normally due to the shortage of funds due to the lack of funds, and thus, the Defendant did not have any intent or ability to complete payment even if he borrowed money under the pretext of investment, etc. from others.

Nevertheless, around June 14, 201, the Defendant made a false statement to the effect that, around June 14, 2011, the victim C would be paid KRW 500,000,000,000,000,000,000,000, which was remitted by the victim C to E, from around the Defendant’s factory located in Jung-gu Seoul Metropolitan Government, to the victim’s KRW 32,000,000,000,000,000,000,000,000,000,000,000,000,000 won, which was remitted by the victim C, from around that day to November 14, 2011, and received KRW 16,09,000,00,00 from the victim’s account in the name of F on the same day as written in the list of crimes in attached Form 14 times.

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

2. As stated in paragraph (1) above, the Defendant did not have any intent or ability to complete payment, even if she borrowed money from others under the pretext of investment, etc.

Nevertheless, on July 21, 201, the Defendant: (a) received 200 clothes 20 million from the Defendant’s above factory in China from the victim G to purchase and sell finished products; and (b) upon investing KRW 65 million in China, the Defendant would make a profit of KRW 80 million after two months; (c) made a false statement to the effect that he/she would repay the principal amount of KRW 65 million and pay KRW 16 million, which is 20% of its profit; and (d) received KRW 65 million from the victim G, namely, from the victim’s seat; and (e) on August 14, 201, the Defendant would make a profit of KRW 65 million.