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(영문) 대전지방법원 천안지원 2017.03.10 2016고단55

사기

Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

1. On April 2013, the Defendant stated that “When investing KRW 30 million in D gas stations located in Asan City, the Defendant would pay KRW 90,000 per month for the first six months, and pay half of the profits remaining after selling oil in the gas stations during the six months thereafter, the Defendant would return the principal in full after a year.”

However, in fact, the Defendant did not have any authority to make investments in D gas stations or sell oil at the above gas stations. Therefore, even if he received an investment from the damaged person, he did not have any intent or ability to pay his profit.

The Defendant, from the victim’s account in the name of the Defendant, received KRW 17 million on April 4, 2013, KRW 200 million on April 5, 2013, KRW 200,000 on April 5, 2013, KRW 990,000 on April 8, 2013, and KRW 1 million on a single bank account in the name of F on April 6, 2013, and acquired KRW 29,990,00 in total.

2. On June 2013, the Defendant stated that “The Defendant is legally running corporate bonds at a corporate bond office located in Asan city at present, so it would give high interest upon investing in corporate bonds.”

However, the defendant did not have any intention or ability to operate the bond office or to serve in the bond office, and even if he received investment from the injured person, he did not have any intention or ability to pay interest on the bond.

The Defendant, as above, by deceiving the victim, received KRW 200,000 from the victim to the Agricultural Cooperative Account (Serial I) under B’s name on July 3, 2013, and KRW 6 million on July 4, 2013, and acquired KRW 21.6 million on July 21, 2013, KRW 200,000 on July 28, 2013, KRW 260,000 on August 21, 2013, and KRW 3 million on October 201, 2013, respectively.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. The defendant;