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(영문) 서울중앙지방법원 2015.04.16 2014고단7643

사기등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

"2014 Highest 7643": The Defendant, against the victim D, acquired money and valuables equivalent to KRW 31,330,000,000 won (= KRW 50,000,000,000 KRW 72,30,000 KRW 15,000,000 KRW 41,00,00 won) from the victim D through four times as follows.

1. 중고차 매매사업 관련 사기 피고인은 2013. 12. 15.경 서울 서초구 소재 E 커피전문점에서, 피해자에게 ‘중고자동차 매매사업을 하고 있는데 수익이 좋은 사업이다. 여윳돈이 있으면 투자해라. 2개월에 2.5~3%의 수익금을 주겠다’는 취지로 말하였다.

However, in fact, it is only a plan to pay the victim's debt with money for the purpose of investment, and it is not a used car sales business at the time, and there was no intention or ability to pay the victim 2.5% profit of 2.5% or 3% profit for two months.

The Defendant, as such, by deceiving the victim, received KRW 50 million from the victim as investment money around December 18, 2013.

2. Around the end of January 2014, the Defendant was asked from the victim about whether he was aware of the place where the name cards, etc. can be sold, and the Defendant was asked from the victim about “the victim knew of the place where the name cards, etc. can be sold,” and the victim expressed to the effect that “the Defendant would have a high-end and high-end sales store of the name cards that he knows. The Defendant would have received good values.”

However, the fact is that the defendant has a plan to sell the life-sustaining items owned by the victim and to pay his/her debt with the price, and there is no sales store of the life-sustaining items known separately, and there is no intention or ability to pay the price to the victim after selling the name-sustaining items at good prices.

Around February 4, 2014, the Defendant, by deceiving the victim, received 32,80,000,000 won at the above E coffee specialty store owned by the victim and around February 4, 2014, and around that time the market price of the following goods.