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(영문) 서울중앙지방법원 2020.12.17 2019고단7450
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who engages in clothing retail business under the trade name "D" in Gangnam-gu Seoul Metropolitan Government B building C.

1. On April 15, 2019, the Defendant stated that “G” units operated by the Victim F in the third floor of the Gangnam-gu Seoul E-building in Gangnam-gu, Seoul, the Defendant would be able to make sales to the victim if he/she had connected his/her home H and I with the UN Entertainment business, thereby making a sales promotion.” The Defendant falsely stated that “Ahhhh and I would like to make a sales promotion to connect his/her home-based entertainment business.”

However, in fact, the KJ is a company operated by K, and it was a company with no relation to the H and I.

Nevertheless, the Defendant: (a) by deceiving the victim as above, caused the victim in Gangnam-gu Seoul Metropolitan Government L and 3 to take up a "market contract" with H and I; and (b) transferred the amount of KRW 1 million to H bank accounts (M) in the name of H as down payment to the K Bank accounts (M) in the name of H; and (c) obtained the pecuniary benefit equivalent to the same amount from H.

2. On April 26, 2019, the Defendant stated that, “G” under the preceding paragraph operated by the Victim F, the Defendant would make an investment with money to the victim under the preceding paragraph “one percent per day if the investment is made with money.” On the other hand, once the Defendant borrowed KRW 4 million, including KRW 1 million per day, and receives interest of KRW 5 million per day. It is false that the Defendant “a person who returns one million to a community credit cooperative within the Republic of Korea who returns KRW 1 million for two months.”

However, even if the defendant received the investment money from the victim, he did not have the intention or ability to pay the amount of 1% every day.

Accordingly, the Defendant, by deceiving the victim as above, received 1 million won from the victim to the account of community credit cooperatives (N) in the name of the defendant.

3. On April 30, 2019, the Defendant may receive a large amount of interest from “G” as referred to in paragraph 1 operated by the Victim F, and from the victim “as soon as possible.”

At present, 20 million won should come into high interest rate.

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