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(영문) 수원지방법원 성남지원 2014.10.30 2014고단1620

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

1. On October 2007, the Defendant stated that “C”-related criminal facts constitute a false statement that reads that “The Victim E-house of the D Apartment 704, Silung-si, Seoul, would allow the Victim to pay money regardless of the date of his/her inland seat.” This would lend KRW 20 million to the Victim. The Defendant would also recover KRW 50 million prior to the payment of interest.”

However, the business that the Defendant intended to have the victim pay money is a business structure in which the lower-ranking investors could not pay the profits unless the lower-ranking investors accrue, and the Defendant himself/herself did not pay any profits other than the allowances for subordinated investors, and there was no other obligation to pay 40 million won due to credit card return, etc. while there was no other property owned. Therefore, even if the Defendant loaned money from the victim to the “C”, there was no intention or ability to pay the profits or principal even if he/she invested in the said “C”.

Nevertheless, on February 12, 2008, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the agricultural bank account in the name of the Defendant as the loan money and acquired it by deceiving the victim.

2. On May 19, 2009, the Defendant stated that “F”-related criminal facts stated in the “C” office located in a place not located in Gangnam-gu Seoul, that “If the Defendant borrowed KRW 3 million as the mobile communications agency located in Gangnam-gu requires money such as the cost of the terminal, he/she would first borrow the amount of KRW 20 million, including KRW 20 million.”

However, the mobile communications agency, where the Defendant is working, is a similar recipient company established under the name of “C” with the gathering of the business operators who suffered damages from “C” and again, and is in the same business structure as “C,” where lower-ranking investors are unable to pay profits, and the Defendant is up to KRW 40 million by means of a credit card return prevention, etc.