beta
(영문) 서울동부지방법원 2017.07.20 2016고단2018

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The Defendant shall pay 20,000,000 won to the applicant for compensation.

Reasons

Punishment of the crime

1. On January 18, 2013, the Defendant made a false statement to the effect that “The Defendant would pay an additional amount of KRW 3 million with the principal after the tin month, if he/she invests KRW 10 million as the capital of the sales team is insufficient although he/she has already entered the apartment in Gwangju Gyeonggi-si, and the sales team was already made.”

However, unlike the victim's statement, the defendant was thought to have the defendant even if he received the above investment money from the victim, and there was no intention or ability to return the principal of the investment to the victim or to pay the proceeds therefrom.

Accordingly, the Defendant, as seen above, by deceiving the victim, received from the victim a delivery of KRW 10 million in total, 10,000,000 from the victim under the same day of investment.

2. On February 7, 2013, the Defendant made a false statement to the effect that “The Defendant shall make a bid for a restaurant with the victim B and the victim D, as a part of the construction site constructed by the Masco in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and shall make an investment of KRW 20 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

However, as the Defendant stated the victims, the Defendant did not invest KRW 20 million in the restaurant tender, and even if receiving the above investment money from the victims, the Defendant thought that the Defendant had the right to operate the restaurant, and there was no intention or ability to sell the right to operate the restaurant to others and to have them divided into the victims.

Accordingly, the defendant deceivings victims as above, and up to 10,000 won checks from the victims to 10,000 won under the same day of investment.