beta
(영문) 수원지방법원 안산지원 2014.02.19 2013고단1746

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Fraud against victim D;

A. On October 24, 2011, the Defendant made a false statement that “The Defendant would operate a plant after a week in the operation of (D) H plant in Ansan-si, Seocheon-gu, Seocheon-gu, Seoul, to produce CDs by using the victim D’s “at least 35 million won for domestic and overseas exports.” The Defendant made an investment of 35 million won for domestic and overseas exports, 400,000 won per month for 10% dividends and monthly salary, and two times each year for profits.”

However, in fact, the Defendant did not have the intent or ability to pay KRW 4 million per month to the victim due to the profits accrued from the operation of the factory from November 201, even if the Defendant received investment money from the victim since it was impossible to operate the factory without any additional investment in the condition that it was unable to provide the machinery and equipment necessary for the operation of the factory.

Nevertheless, the Defendant, by deceiving the victim, received cash of KRW 29 million from the Fju on the same day from the victim, and acquired it through a new bank account under the I name.

B. On November 4, 2011, at the same place as Paragraph 1(a) of the same Article, the Defendant concluded that “If the factory promptly invests KRW 3-40 million in the return of the factory, it shall be paid KRW 500,000 per month under the monthly salary, and the annual distribution rate of securities and profits shall also be 20%.”

However, the defendant did not have the intention or ability to pay 5 million won per month to the victim due to the profits from the operation of the factory even if he received the investment money from the victim, such as paragraph 1(a).

Nevertheless, the Defendant, as such, by deceiving the victim, received cash of KRW 32 million from the Fju on the same day from the victim, and obtained KRW 6.5 million from the Defendant’s factory located in Ansan-si around November 7, 201, and acquired it by deception.

2. On December 2012, the Defendant against the victim J is guilty.