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(영문) 대전지방법원 천안지원 2017.07.20 2016고단2452

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On September 201, 201, the Defendant displayed a manual and a business plan for modern vehicle maintenance A/S vehicle maintenance test to the victims of high-friendly job offering C within a multi-faceted area where it is difficult to know the trade name in the Nam-gu Culturedong, Nam-gu, Seoul.

If a factory is constructed in accordance with this manual, it may be approved as a modern vehicle designation and maintenance factory.

The lack of capital has changed to KRW 300 million. If the investment of KRW 300 million is made, it will allow the operation of automobile parts in the factory and guarantee the monthly income of KRW 5 million.

If the approval is not obtained from the modern automobile maintenance business entity, the investment amount will be refunded in full.

“A false representation was made.”

However, in fact, although the defendant explained about the business of the Hyundai Motor Vehicle Maintenance Factory from D and E, he was in bad credit standing, without any funds or capital, and even if the construction of the Motor Vehicle Maintenance Factory is completed, it is not confirmed whether he can be approved as a modern Motor Vehicle Maintenance Business Operator. Therefore, if it is not designated as a modern Motor Vehicle Maintenance Business Operator, the defendant, who has no particular income or property, did not have any intention or ability to guarantee the victim's monthly income of KRW 5 million or to return investment funds.

Nevertheless, on September 30, 201, the Defendant: (a) by deceiving the victim; (b) received the remittance of KRW 40 million from the victim to the F account in the name of E, the mother of E around September 30, 201; and (c) received the total amount of KRW 298 million over six times from that time to April 16, 2013 in the same manner as the list of crimes in the attached list of crimes.

[In the facts charged, as to the objective subjective situation of the defendant, "the defendant purchases land to establish a modern automobile designation and maintenance factory even if he/she has invested KRW 300 million from the injured party, or manufactures a factory.