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(영문) 청주지방법원 2020.02.20 2019고단2399

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 3, 2019, the Defendant was sentenced to four years and four months of imprisonment for fraud, etc. at the Seoul Central District Court on May 11, 2019 and the judgment became final and conclusive on May 11, 2019.

"2019 Highest 2399"

1. On May 19, 2014, the Defendant, despite having no intention or ability to return an investment with profits even after receiving the investment money from others, in the underground office of the building B located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant made a false statement to the victim D that he would make an investment in crowdfunding in the public sale of goods and the clothes dumping distribution business, by making an investment by 4% of the investment amount, and acquired the principal and interest by obtaining 39 million won from the victim from August 10, 2014 to August 25, 2014.

"2019 Highest 2402"

2. On August 4, 2016, the Defendant: (a) provided that in the building F of Gwanak-gu, Seoul Special Metropolitan City, the Defendant did not have any substance of the Defendant’s dumping goods sales business, and did not have any intent or ability to pay the profits promised to receive money from others even if it does not have any substance of the Defendant’s business; (b) provided that “If it was kept in the warehouse by saving and selling the dumped goods to other business owners, the Defendant would make a few times of profits. If it is invested in KRW 1,00,00,000,000 per week, the Defendant would have paid 3,000 won per week to the other business owners; (c) provided that the Defendant received money from the victim under the name of investment, namely, KRW 9,40,00 from the date and time to August 26, 2016, the Defendant acquired the amount of KRW 27,40,000 from the date and time to August 26,

3. On August 30, 2016, the Defendant: (a) stated that the facts in the above E-building F, even if borrowing money from another person, would be used only 20,000 won if the Defendant borrowed 1.6 million won to the victim G even though he/she did not have an intent or ability to repay the money; and (b) subsequently, he/she acquired 1,60,000 won from the victim’s seat for the purpose of borrowing money

Summary of Evidence

1. The defendant;