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(영문) 부산지방법원 2018.04.18 2018고단296

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud against victim D;

A. On February 28, 2008, the Defendant called on the victim on February 27, 2008, and changed to the hospital publicity and business. On the other hand, the Defendant is running pop-on-con business in the theater, and the Defendant can gain 120% per annum from investment in the pop-up-con business, and among them remains 10% per annum except for 20% added tax.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, the defendant did not have any intention to use it for personal debt repayment, etc. by receiving money from the injured person as above, and did not have any intention to use it for the pop-up contact business and did not carry out the pop-up contact business, so there was no intention or ability to leave the proceeds from the above investment.

Ultimately, on February 28, 2008, the Defendant received KRW 30 million from the injured party through the Japanese bank account under the name of the Defendant from the third party and acquired it through the remittance under the name of the pop-up container business.

B. On April 3, 2008, the Defendant made a false statement to the effect that “the Defendant would have made a large number of motion pictures available at a theater and would be a good pop-up contact business.” On April 2, 2008, the Defendant made a false statement to the effect that “The Defendant would have an interest of KRW 3 million if he/she invests more than KRW 30 million.”

However, in fact, the defendant did not have any intention to use it for personal debt repayment, etc. by receiving money from the injured person as above, and did not have any intention to use it for the pop-up contact business and did not carry out the pop-up contact business, so there was no intention or ability to leave the proceeds from the above investment.

Ultimately, the Defendant, as above, received 30 million won from the injured party through the above account on April 3, 2008, as the fund for investment in pop-up container business, and acquired it by fraud.

2. Fraud to victims E;

A. On April 4, 2008, the Defendant committed fraud on March 4, 2008.