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(영문) 대전지방법원 천안지원 2015.11.30 2015고단1055

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. In the middle of August 2013, the Defendant against the victim B made a false statement to the victim B, “A is a relative of the D Chairperson of the C Company D and manages the funds, but C Company may bring profits to two times if it invests money with a capital increase for a consideration, and may grant money to the victim B for a day.”

However, in fact, the defendant did not have the intention or ability to make profits from the investment in the shares of the C company only for the purpose of using the defendant's personal obligation for the repayment of the defendant's personal obligation even though he did not receive the investment from the victim.

Nevertheless, on August 21, 2013, the Defendant: (a) by deceiving the victim; (b) transferred KRW 33,000,000 from the victim to the Agricultural Cooperative Account (E) in the name of the Defendant for investment in the C Company; and (c) transferred KRW 40,000,000 to the same account around August 22, 2013.

2. Around November 6, 2013, the criminal defendant against the victim F made a false statement to the victim F, “B is a director of the G hotel, who has a stake in the G hotel, and the head of the G hotel group and the relative. After a week, the company will list the G hotel stocks at KRW 8,000 per week, and at the same time make an investment.”

However, in fact, the defendant was not a director of a G hotel, but a relative of the Grand Group Chairperson, and even if he received an investment money from the victim, he was intended to use it for the purpose of paying the defendant's personal debt, and did not have an intention or ability to make profits from investing in the G hotel stocks

Nevertheless, the Defendant, by deceiving the victim as above, received 20,000,000 won from the Agricultural Cooperative (E) in the name of the Defendant for the same day as the investment money for the stocks of G hotel from the victim.

3. Fraud against victim H;

A. A. On November 10, 2014, the Defendant committed a crime at Asan-si around November 10, 2014.