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(영문) 서울서부지방법원 2013.09.13 2013고단1671
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant pays 205,400,000 won to the applicant for compensation by deceit.

(e).

Reasons

Punishment of the crime

1. On June 20, 2012, the Defendant made a false statement to the victim D by telephone, stating, “The Defendant would have left 5% profits each month when investing money, and would provide a large amount of profits from investing in other investment companies.”

However, there was no fact that the defendant operated five events in the Seoul Red Cross, and even if he did not have invested in another company, he did not have an intention or ability to return the principal and profits of the defendant, even if he did not receive investment funds from the victim.

On June 20, 2012, the Defendant received KRW 1,00,000 from the victim to the bank account (F) in the name of E as investment money, and acquired the total of KRW 11,160,000 by the same method over 16 times from around that time to October 5, 2012, as shown in the attached crime list (1).

2. On August 22, 2012, at the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government Office Gtel 505, the Defendant confirmed that “B purchases an officetel separately from the representative of this event company and receives monthly rent and takes investment profits by investing in the company,” and that it would purchase an officetel, so it would be possible to receive any money that can be deducted from the amount of money, and would be able to receive a monthly rent if a private tenant enters the officetel for the purpose of real estate investment purpose, and the bank would be able to receive a monthly rent more than the bank’s monthly rent.

However, in fact, the defendant did not receive the monthly income from officetels, and did not have invested in the company, and even if the defendant received money from the victim due to the capital shortage of the e-mail company operated by the defendant, the defendant thought that the office will be used as the above company's operation fund, so that the defendant would purchase the officetel, or that he would purchase it.

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