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(영문) 서울서부지방법원 2019.07.16 2018고단2514
사기
Text

A defendant shall be punished by imprisonment for five years.

The defendant 72,462,50 won to D who applied for compensation, and 65,200 to F who applied for compensation.

Reasons

Criminal facts

[2018 Highest 2514] On September 28, 2017, the Defendant made a false statement to the effect that “In the process of doing so with the victim H who was known through the trade of goods in Pyeongtaek G, the Defendant would be able to punish a large amount of money if he/she makes an investment in the Chinese cosmetics agency.”

However, while the Defendant was engaged in G transactions, the amount of debt KRW 200 million was incurred, and there was no investment in the Chinese cosmetics agency, so even if the Defendant received money from the victim, the Defendant did not have the intent or ability to pay the money. Rather, there was only the intent to make the other debt "domination" against the money received from the victim.

Nevertheless, on September 29, 2017, the Defendant, by deceiving the victim, received KRW 5 million from the victim through the J bank account (K) in the name of the Defendant, from the victim, to transfer money for investment, and subsequently, acquired KRW 75,350,00 in total from November 7, 2017 through 10 times as listed in the following table.

On September 29, 2017, when investing in the Chinese cosmetics agency on September 29, 2017, it is possible to punish a large amount of money.

5,000,00 J Bank (K) 2.2 October 12, 2017. 5,000,000,000 long-term investment on October 13, 2017, which has been made for six months on October 13, 2017, it may receive 7,500,000 won per time.

If an investment of KRW 10,000,000 is made on October 16, 2017, 13,250,000 on or before October 19, 2017, it may be refunded to KRW 60 million after 10,000 on or after October 19, 2017.

5,000,000 6 October 23, 2017, 200,000 7,000 on November 1, 2017, 200 8, 200,000 on November 2, 2017, Nov. 2, 2017, 2017, 7,500,000 on November 3, 2017 1, 2017 4,000,000 [2018Sang 2149] The Defendant sent money to the victim D through I Mesen in a place where it is not possible to know on December 8, 2016.”

(b).

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