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(영문) 인천지방법원 2020.05.28 2019고단9308

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a victim B and a middle school, a high school, and a 6-year relative relationship.

1. Around February 2018, the Defendant: (a) called “around February 2018, the Defendant’s fraud” to the effect that “around February 2018, 2018, the Defendant calls the victim for a fixed amount of high profit every month through a gold-related business, thereby making an investment in the business, 10% of the profits as profits.”

However, the defendant did not have the intent or ability to invest in the gold-related business even if he received money from the victim because he had a debt of 100 million won or more to a financial institution, a lender, or an individual debtor at the time.

Nevertheless, on April 19, 2018, the Defendant, by deceiving the victim as above, received KRW 30 million from the Defendant’s NAF Bank Account (Account Number: C) around April 19, 2018.

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

2. Around October 2018, the Defendant: (a) called the victim by phoneing the victim on October 2018, 2018 to the effect that “The Defendant would use the money for business purposes by immediately exchanging the account of the person operating the money exchange business if he/she sent money to this end.”

However, in fact, even if the defendant had a debt of at least KRW 100 million to a financial institution, a lender, or an individual debtor, and was given money from the victim, he did not have the intent or ability to make an investment in a male category business, and the account known to the victim was used by the creditor of the defendant as well as the money exchange business.

Nevertheless, on October 23, 2018, the Defendant deceivings the victim as above and caused the victim to transfer KRW 10 million to the NHF Bank account in the name of the Defendant’s creditor, NH Bank account (Account Number C).