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(영문) 수원지방법원 2012.07.18 2011고단3665
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant received an investment from the victim D(the age of 49), the Defendant planned to use the investment money for the personal purpose of the Defendant, such as the Defendant’s repayment of the Defendant’s existing transaction payment obligation, etc., and the Defendant thought that the investment proceeds were exclusive, so the Defendant did not have the intent or ability to distribute the proceeds to the victim, and there was no intention or ability to distribute the proceeds to the victim, and there was no scrap metal supplied by the Defendant.

1. On October 6, 2009, the Defendant made a false statement stating that “When 100 million won is paid toG, the Defendant may be supplied with scrap metal of 500 tons per month to the victim at the F office operated by the victim in Suwon-gu, Suwon-si, Suwon-si, the Defendant would pay the victim 100 million won to the Fund. The Defendant would pay the profits from the payment of KRW 30 won per km.”

The Defendant, by deceiving the victim as above, was transferred from the victim to the account in the name of the Defendant’s wife under the pretext of investment deposit, including the sum of KRW 60 million around October 6, 2009, KRW 24 million around October 17, 2009, and KRW 16 million around October 23, 2009.

2. On October 2009, the Defendant made a false statement to the F Office of the F Office of the F Office of the F Company, stating that “If deposit of KRW 30 million is paid to the Citizen’s Welfare Participatory Council of the Incorporated Association, the Defendant may be provided with scrap metal generated in the STX through the above Citizen’s Welfare Participatory Council. The Defendant paid money of KRW 30 million to be used as the above deposit and the money paid as a contribution to the above Citizen’s Welfare Participatory Council, and distributed half of the scrap metal supplied upon face of page and with a grace period.”

The Defendant, as such, by deceiving the victim, received KRW 70 million from the victim to the account under the name of the Defendant’s wife as investment money, around October 21, 2009.

3. On November 2009, the Defendant may be supplied with scrap metal, etc. from the side of the insurance company to the victim at the F office of the above corporation F office, and the victim.

this section.

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