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(영문) 울산지방법원 2017.04.13 2016고단4525

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

The Defendant, by deceiving others as bad credit holders, to engage in telecommunication business (multi-mediate pre-paid card sales), casino operation, and Korean goods sales business in Thailand, had the intent to acquire money from them as investment money.

1. Fraud against the victim C;

A. On July 2, 2013, the Defendant made a false statement to the victim C at the Defendant’s office located in Ulsan-gu, Ulsan-gu, that “The Defendant would distribute 200 million won of profits to the victim C at the tenth day of each month when investing KRW 20 million in this business in investment in the business.” The content of the business is under way to promote the communications business in Thailand E with a private lottery ticket, resell the private lottery, buy and resell the pre-paid card, buy the pre-paid card, and exchange it against Thailand travels.”

However, even if the defendant receives money from the injured party as a source of investment in the telecommunications business, he/she paid personal debt, paid credit card price, and paid it.

It was thought that it will be used for personal purposes, such as purchase cost of apartment in F name.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim, to the parallel account in the name of the Defendant on the same day.

B. On September 2013, the Defendant purchased and operated three casino tables, which was operated in Thailand through the force personnel of Thailand, from the H office operated by the Defendant of the fourth floor of the building in Ulsan-gu G building, Ulsan-gu.

In this context, when investing KRW 100 million, the investment made a false statement that 80% of the earnings will be given during one year, and the principal will be returned after one year.

However, even if the defendant receives money from the injured party for the purpose of investing in the casino business, he shall pay the borrowed money, pay credit card bills, and pay dividends to the investors in other businesses unrelated to the casino business without the intention to invest in the casino business.