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(영문) 부산지방법원 동부지원 2020.02.05 2018고단2573

사기

Text

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

Reasons

Punishment of the crime

"2018 Highest 2573"

1. On April 2014, the Defendant made a false statement that “The Defendant would make a victim B receive money from many people who are operating Eakao and would make an investment in C. 5% of the investment amount to pay a maximum of 10% from 5% of the investment amount.”

However, in fact, the defendant was active as C, but did not operate C, and it is unclear whether to receive profits therefrom, and even if profits have accrued from Cinvestment money from the victim, he was thought to be used for personal purposes, such as gambling funds of the defendant, and all of the defendant's property was boomed with gambling funds. Therefore, the victim did not have the intent or ability to pay the principal and profits or to repay the borrowed money as agreed upon.

On April 15, 2014, the Defendant, by deceiving the victim as above, received KRW 14,904,00 from the national bank account (E) in the name of D around April 15, 2014, and acquired KRW 49,964,00 in total on seven occasions, such as the list of crimes, from May 2, 2014.

"2019 Highest 975"

2. Around the end of January 2014, the Defendant made a false statement to the victim H that “I would pay money. If I make an investment, an investment may be punished by KRW 1 million per share. 30 million is to be invested.” The Defendant made a false statement to the effect that “I would pay money.”

However, in fact, the defendant was thought to use the money received from the victim as full money for the gambling, and the defendant did not have the intent or ability to pay the victim a profit of at least one million won per share by investing in I.

The Defendant, by deceiving such victim, received cash of KRW 30 million from the victim for the same day as investment money, and acquired it by fraud.

"2019 Highest 1077"

3. The Defendant around July 1, 2017.