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(영문) 대전지방법원 공주지원 2018.02.09 2017고단340

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant of “2017 Highest 340”, on January 25, 2015, opened “F” stores at D resting places located in Si, Si, Si, si, and “F stores at D resting places if the Defendant invested KRW 140,000,000 as start-up funds,” and paid KRW 4,00,000 per month, if the net profit of each month is paid at 70%, and the net profit does not exceed 4,00,000 won.

“A false statement” was made.

However, in the event that the Defendant bears approximately KRW 500 million obligations at the time, the Defendant was only planned to use the start-up fund received from the injured party to pay his personal obligations, and thus, even if the start-up fund is received from the injured party, there was no intention or ability to pay the profits by opening the store as above.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the total sum of KRW 140 million from the victim on January 24, 2015; (c) KRW 19 million on January 25, 2015; (d) KRW 30 million on February 5, 2015; and (e) KRW 90 million on March 5, 2015; and (e) acquired the money from the Defendant’s national bank account (G).

"2017 Highest 431"

1. On July 2015, the Defendant against the victim H had several stores at the “J” coffee shop located in Daejeon Seo-gu I, Daejeon, and the victim H had several stores at the rest of the expressway.

K resting places have stores, and profits will be better if you enter ice burials.

First of all, it will be possible to operate the principal shop first.

“A false statement” was made.

However, in fact, the Defendant had no intention or ability to operate a ice burial, even if he/she received the down payment from the injured party, as he/she was scheduled to use the down payment that he/she received from the injured party in repayment of his/her personal obligation.

Nevertheless, the defendant deceivings the victim as above and then is the Saemaul Treasury account (L) account of the defendant around July 20, 2015 from the victim.