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(영문) 대전지방법원 2018.12.06 2018고단3273

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On July 3, 2014, the Defendant calls to the victim C, and “Around July 3, 2014, the number of days during which the Defendant used the same as the 10th day of the current month.”

If a loan of KRW 10 million is lent, the 300,000 won per month will be paid as interest and repaid later without a framework.

“A false representation was made.”

However, the Defendant began to operate the “D” store located in the Busan Eastdong-gu from the first half of 2013. However, since the remainder except for 20% of its shares was operated by investment from other people, 20% of her shares was invested by her mother, her 20% of her shares was in a situation in which her mother was to pay her shares to other investors, including her mother, and the Defendant’s monthly wage and dividend income did not actually have a large number of profits, and the Defendant’s monthly wage and dividend income did not have an intention or ability to pay the above KRW 10 million in normal terms, such as in a situation in which her share was repaid by her mother at around 2014, when her mother was in short of her profits to be paid to her mother, the Defendant continued to borrow 4 million won as a bond company at around 2014.

As such, the Defendant, by deceiving the victim, acquired 9.7 million won after deducting 300,000 won from the victim's prior interest on the same day from the victim, through the remittance to the Korean bank account under the name of the Defendant.

B. On December 2014, the Defendant called the Victim C by phoneing it to the victim C, and falsely concluding that “D” can receive 10% of the monthly net profit if it makes an investment in 10% of the shares of D “D currently in operation.”

However, in fact, the Defendant did not think that it would be used to secure the shares of the Defendant due to the investment funds received from the victimized party, and it was thought that it would be used as the Defendant’s existing bonds repayment and living expenses, so the Defendant would normally pay the investment funds to the victim or make the investment funds normally after the completion of its operation.