beta
(영문) 대전지방법원 천안지원 2017.01.05 2016고단1699

사기

Text

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

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On August 11, 2008, the Defendant is running a business to visit and sell health food to the victim at the “(State) E” office located on the second floor of the D Building in Suwon-si, Suwon-si, 2008.

If an investment is made in our business, 10% of the investment amount shall be made monthly profit, and the principal of the investment amount shall be returned after one year.

However, at the time, the Defendant was under a situation where he was suspected of fraud, and was in fact operating the door-to-door sales business of the above health food, and the Defendant did not have any specific property. Therefore, even if he received money from the victim, he did not intend to use it for personal purposes, but did not intend to use it for the business of visiting the health food, and did not intend to use it for the personal purpose, and there was no intention or ability to pay the victim 10% profits or principal.

The defendant deceivings the victim as above and received a transfer from the victim to a new bank account (Account Number:G) in the name of F, of KRW 8 million on August 11, 2008, KRW 10 million on August 12, 2008, KRW 7 million on August 12, 2008, and KRW 25 million on August 21, 2008. < Amended by Act No. 8857, Aug. 21, 2008>

B. On August 2008, the Defendant stated that “The Defendant would make all payments of unpaid credit cards with investment profits while managing the credit card at the request of the credit card management” office with the knowledge that the injured person would reach KRW 40 million.”

However, at the time, the Defendant was in a situation where he was suspected of fraud, and was actually operating the door-to-door sales business of the above health food, and the Defendant did not have any specific property. Therefore, even if he was paid credit card from the victim, he tried to use it for personal purposes, and did not intend to use it for the business of visiting the health food, and did not intend to use it for the business of visiting the health food. The victim's unpaid