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(영문) 서울동부지방법원 2019.03.06 2018고단861

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

A on December 21, 2017, the Seoul Eastern District Court sentenced ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc.") and decided on May 29, 2018, and Defendant B is the representative director of the corporation C.

1. Defendant A:

A. A. On July 7, 2015, in Goyang-gu E coffee shop located in Ildong-gu, Youngdong-gu, Ilyang-si, presented the credit business plan to the victim F, and “G has punished a large amount of money for the credit business, invested KRW 100 million, and, if so, promised to punish more than the principal within one year, within one year.” From the above victim’s belief, the victim received KRW 10 million from the H bank account in the name of the Defendant immediately and KRW 10 million around the 10th day of the same month, and KRW 50 million from the 23th day of the same month, such as receiving KRW 30 million from the H bank account in the name of the Defendant.

However, the defendant did not have been punished for a large amount of money for credit business in G, and even if he received money from the victim, there was no idea of full investment in the credit business, and most of it was thought that he would make personal consumption, so that there was no intention or ability to make the principal more or to repay the investment money.

Accordingly, the defendant deceivings the above victim and defrauds 50 million won.

B. Around May 2, 2016, the health care center located in Gangnam-gu Seoul, stating to the victim J that “A car lease business is being carried out against bad credit holders, this business is a legitimate and safe business that may be carried out by a credit service provider, and if B makes an investment of KRW 20 million within a week, it would guarantee the income of KRW 100-3 million within one week, and the said victim was immediately issued KRW 20 million in trust.

However, the defendant was not a legitimate credit service provider, and there was no intention or ability to promote the automobile lease business.

Accordingly, the defendant deceivings the above victim and defrauds the 20 million won.

2. The Defendants conspired, around May 16, 2016, at the L coffee shop located in Gangnam-gu Seoul Metropolitan Government.