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(영문) 인천지방법원 2016.12.09 2016고단7254

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The Defendant was issued KRW 80 million from the victim on October 25, 2014, by soliciting that he/she would receive a certain balance from the government to deposit and cultivate underground funds to the account and pay fees to the account provider after he/she became aware of the victim D through C around January 6, 2014. < Amended by Act No. 12835, Oct. 25, 2014>

On October 30 of the same year, the Defendant invested in the increased business investor, but did not successfully operate the above business, thereby receiving 50 million won from the investor. On November 6 of the same year, the Defendant was entitled to return the remaining 30 million won.

On November 6, 2014, the Defendant leased KRW 5 million out of the above KRW 30 million to E, who is his/her high-speed line, to E, and thereby, could have been assisted in “a proliferation business.” As such, the Defendant leased KRW 5 million to E and made a false statement.

However, the Defendant did not lend money to E and planned to lend money to F. Thus, even if the Defendant received money from the victim, the Defendant did not have any intention or ability to use it as an opportunity for “the extension business.”

Nevertheless, the Defendant, by deceiving the victim as above, obtained the consent of the victim to be suitable for lending KRW 5 million to E, and delivered KRW 5 million to F.

2. The Defendant, on November 2014, recommended a victim D to invest in “a proliferation business” to a police officer at early November 2014, to invest the victim KRW 30 million, and C to invest KRW 20 million in the same month.

4. At the coffee shop in Gangnam-gu Seoul, Seoul, a copy of 40 million won check and 2 million won check was issued from G, which is the second person’s seat.

The Defendant invested this in H, the representative of the investment company, but did not win the project on December 3 of the same year, and received five copies of H’s check of KRW 10 million from H and received it from the victim and C.