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(영문) 광주지방법원 2020.01.15 2019고단4794

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On August 29, 2019, the Defendant was sentenced to six months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on September 6, 2019.

【Criminal Facts】

around July 2018, the Defendant was unable to pay a debt amount of KRW 21.4 million to financial institutions, such as B Bank, and is in a bad credit position, such as being assessed at Grade 10, around September 2018.

1. Fraud against the victim C;

A. On July 16, 2018, the Defendant made a false statement to the victim in the EPC room located in Gwangju Mine-gu, stating that “In-house operates an adult PC, and there are many profits, and if investing KRW 8 million in connection with the operation of the EPC bank, the Defendant would pay a stake and make an investment in reducing profits.”

However, the EPC bank operated by the defendant at the time of fact did not have any intention or ability to pay profits even if it received KRW 8 million from the victim because the monthly income is deducted from the deposit, etc.

Nevertheless, the Defendant, as seen above, was accused of the victim and received KRW 8 million from the victim as investment money around July 16, 2018.

B. On July 27, 2018, the Defendant made a false statement to the victim in the EPC bank located in Gwangju Mine-gu, stating that “The Defendant would take over the PC bank located in the F area,” that it is necessary that the premium and deposit exceed KRW 20 million, and that if it invests KRW 13 million with the premium, KRW 10 million with the premium, KRW 10 million with the premium, and KRW 50% with the premium, the facility cost will be borne at the cost and 50% of the share.”

However, in fact, the Defendant was thought to use the money received from the victim for personal purposes, such as personal debt repayment of the Defendant and other business funds that did not notify the victim. Therefore, the Defendant did not have any intent or ability to distribute the profits to the victim by accepting and operating the PC in the F Area.

Nevertheless, the defendant deceivings the victim as above and belongs to it.