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(영문) 수원지방법원 성남지원 2018.10.24 2018고단1770

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on March 2014, operates a foreign company called “E” with the victim D, who works to arrange for M&&A, etc., for the victim under Section 1603 of the building C in Seongbuk-gu, Sungnam-si, Sungnam-si.

The other party's share was acquired in the first place with another person.

E is expected to be listed on KOSDAQ as soon as possible.

B. If an investment of 150 million won is made to B, 3 million won will be paid monthly as profit and the return of the investment will be made at any time on the basis of prior talks only in advance.

“A false statement was made to the effect that it was “.”

However, the defendant thought that he would arbitrarily consume the money received from the injured party due to living expenses, etc., and even if he received money from the injured party under the pretext of investment from the injured party due to the lack of the fact that he operated the company, he did not have any intention or ability to return the principal of investment immediately at the injured party's request.

As such, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim on March 11, 201, around June 201, 2014; KRW 50 million on June 20, 2014; KRW 35 million on June 21, 2014; KRW 35 million on June 22, 2014; and KRW 150 million on June 22, 2014.

2. On April 2016, the Defendant: (a) around 907 of the F building B in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) “If the Defendant has invested additional KRW 70 million to B, the Defendant would make a monthly profit of KRW 3,500,000,000,000,000,000,000 won, and return the principal of the investment to B at the request of the said victim.

“A false statement was made to the effect that it was “.”

However, the defendant thought that he would arbitrarily consume the money received from the injured party due to living expenses, etc., and even if he received money from the injured party under the pretext of investment from the injured party due to the lack of the fact that he operated the company, he did not have any intention or ability to return the principal of investment immediately at the injured party's request.

The defendant deceivings the victim to do so.