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(영문) 수원지방법원 2017.07.04 2016고단7763

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 9, 2014, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of probation at the Seoul Southern District Court on May 29, 2015. On February 9, 2015, the judgment became final and conclusive on November 7, 2015, when he/she was sentenced to 1 year of imprisonment for fraud, etc. at the Seoul Central District Court, and 2 years of probation, and the judgment became final and conclusive on November 7, 2015. On June 30, 2016, the Seoul Central District Court sentenced 1 year and 2 months of imprisonment for fraud and 3 years of probation to 3 years of probation and became final and conclusive on July 8, 2016.

[Criminal facts] From April 1, 2011, the Defendant is a person who was engaged in liquid wholesale business in the name of Gangnam-gu Seoul Metropolitan Government DD Building 202 (State) E.

On April 16, 2012, the Defendant, at the foregoing company’s office, made a false statement that “The amount of KRW 12,500,000,000 shall be paid every month to the victim F for the investment of KRW 12,50,000 in the name of product deposit and facility premium for the operation of the E-Operation G, which will come into the inside of the E-Operational Venture Business, and the principal of the investment shall be returned at the end of the two-year contract period,” and the Defendant received KRW 1,00,000 as the down payment on April 17, 2012 from the victim as the down payment, and received KRW 60,000 from the said company’s new bank account under the name of the said company as the intermediate payment on July 23, 2012.”

However, at the time, the Defendant had already received a large amount of money from a large number of investors, and failed to pay the principal and profits, and the monthly company’s profits were difficult to pay the profits to the existing investors and to pay the employees’ wages. In addition, even if the Defendant received additional investments from the victims due to the absence of any special revenue, there was no intention or ability to pay the principal and profits properly.

As such, the Defendant, by deceiving the victim, received a total of KRW 120 million from the injured party three times.

Summary of Evidence

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