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(영문) 광주지방법원 2021.01.21 2020고단2123

사기등

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A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

1. Fraud;

A. The Defendant, in May 2018, has a good investment wife against the victim B at the Franchisium in Franchisium.

If an investment of KRW 10 million is made, profits of KRW 1.5 times per week shall be deemed to be profits of KRW 10 million per week.

“A false representation was made.”

However, at the time of fact, the defendant was thought to use it as gambling money even if he was absent from gambling, and even if he was paid the investment money from the damaged person, there was no intention or ability to pay the profit and the principal and interest as agreed upon even if he was paid the investment money from the damaged person.

On May 20, 2018, the Defendant, by deceiving the victim, received money from the victim to the C bank account under the name of the Defendant from the victim and acquired it by defrauded.

B. On May 2018, the Defendant made a false statement to the victim B by phoneing to the victim B, stating that “The Defendant would be well managed so that it can be seen that investments would have been made by making an investment of KRW 20 million.”

However, at the time of fact, the defendant was thought to use it as gambling money even if he was absent from gambling as described in the preceding paragraph, and even if he was paid the investment money from the damaged person, he did not have any source of investment, there was no intention or ability to pay the profit and the principal and interest even if he was paid the investment money from the damaged person.

Around June 7, 2018, the Defendant, by deceiving the victim and deceiving the victim, received the remittance of KRW 17 million from the victim to the C bank account under the name of the Defendant, and KRW 20 million from the same account around June 8, 2018, such as receiving KRW 3 million from the same account.

2. The Defendant is a person who actually operates the Industry Chain Co., Ltd., and on February 2, 2019, while the Defendant issued the E card in the name of the said Company B, which was recorded as the representative director of the Southern Branch Co., Ltd., in the name of the said Company, and kept for the damaged Company, the Defendant was a stock company that suffered from embezzlement, and KRW 1,00,000,000 in the said card.