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(영문) 의정부지방법원 2017.07.27 2016고단5372

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

The defendant shall pay 4,250,000 won to the applicant E, and the applicant D.


Punishment of the crime

On December 27, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the District Court, and on February 5, 2014, the Defendant completed the execution of the sentence at the Port Correctional Institution.

[2016 Highest 5372]

1. On December 5, 2014, the Defendant is insufficient to develop the Internet portal site called “in-house F” to victims D at the “new bank gold points” located at the office building of the Government-Si office building around December 5, 2014.

When the business is conducted in accordance with the schedule of the business prepared by the internal government, it may be sufficiently at the quarterly point of profit and loss after two months, and it shall be different from investment to be paid half of the net income.

However, the defendant did not have a certain amount of income at the time, and the obligation to the lending company and its neighbors was about KRW 30,000,000,000, and even if he received money from the damaged party for the purpose of investment due to the difficulty of living due to the lack of communication fees, gas fees, etc., he did not have the intent or ability to pay the principal and the profits.

The Defendant received a total of KRW 31,942,00 from December 5, 2014 to December 23, 2014, a total of KRW 31,942,000 from December 5, 2014, as well as from December 23, 2014, cash 4 million from the victim as investment money.

2. The Defendant, around January 7, 2015, made an investment in the “Korea Design Promotion Agency” located in Paco-ro 322 in Paco-gu, Sungnam-si, Sungnam-si, to the victim C in order to carry on any more coffee-related business.

In the future, the prospect will reduce the interest of the project, and it will be able to repay the debt.

“A false representation was made.”

However, the fact is that the defendant's business participation in the business has not been made due to the difference in the investment-related opinions as a business in which G, a defendant's seat, and the defendant did not have certain incomes at the time.