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(영문) 서울중앙지방법원 2017.05.11 2017고단1350

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 24, 2014, the defendant of "2017 Highest 1350" is running a business to purchase and distribute lawsuit to victims D by auction.

If funds to expand the scale of business are invested, interest will be paid.

“A false statement” was made.

However, at the time, the Defendant did not carry out the above business and did not have any specific business plan or specific asset or income, so even if he received money from the injured party, he did not have any intent or ability to comply with the above promise.

Ultimately, the Defendant deceivings the victim as above, and 4 million won from the victim on July 14, 2014; 2 million won around July 15, 2014; and 2 million won around July 22, 2014; and 1 million won around July 23, 2014; and 1.6 million won around July 24, 2014; and 12 million won around July 25, 2014; and 2 million won around July 25, 2014; and 2 million won around July 28, 2014; and 6 million won around July 28, 2014; and 5 million won, respectively. < Amended by Act No. 12547, Aug. 7, 2014; Act No. 12873, Jul. 5, 2014; Act No. 12937, Aug. 7, 2014>

around 17:00 on August 9, 2014, the Defendant stated that “G office operated by the Defendant in the vicinity of the F Station No. 4 located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant borrowed KRW 5 million to the victim H (n, f7 years of age at the time of the lease of KRW 5 million to the slaughterhouse, after selling the by-products to the slaughterhouse, and then selling the by-products to the slaughterhouse, the Defendant borrowed KRW 5,500,000,000 including interest, KRW 50,000,000,000,000,000 won.”

However, the Defendant had operated the above business in a situation where it was practically difficult to economically and economically, but did not have any expected profit, and accordingly, it was thought that the Defendant would use the investment profit and the principal in return to the existing investors who borrowed the money from the Defendant, even if he received the money from the damaged party, and thus, there was no intention or ability to pay 50,000 won to the victim two days later.

The defendant deceivings the victim as above, and thereby deceivings the victim, the amount of five million won to the national bank account (Account Number: I) in the name of the defendant.