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(영문) 인천지방법원 부천지원 2015.10.30 2015고단939
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 26, 2014, the Defendant made a false statement to the effect that “D” operated by the Defendant in Oracheon-gu, Sincheon-si C is “D in the name of mother F in the name of mother F, and is operating “D” at the seat of 60% or more of the birth price (living pigs) and if the purchase fund of the living pigs is invested, the Defendant would pay a monthly profit of at least 8% and make a full repayment on the agreed date.”

However, in fact, the Defendant did not have operated D at the will due to the circumstances in which he was leased from G at the time, and even if he received money from the victim, he was planned to use it as store operating expenses and gambling funds, so there was no intention or ability to purchase the money.

Nevertheless, the Defendant, by deceiving the victim as above, received 17 million won as the purchase price of the raw money from the victim, from the victim, and was delivered as the agricultural bank account in the name of the Defendant’s mother F.

2. On June 18, 2014, at around 20:00, the Defendant made a false statement to the effect that “A victim H operates several places with inside intention and with a good place in the Doldong,” “If the Defendant borrowed KRW 30 million in terms of the opening expenses, he/she shall deposit KRW 100,000 per month with the head of the Tong to the effect that “A 100,000 won per month shall be paid in cash.”

However, even if the Defendant received money from the victim as stated in Paragraph 1, the Defendant did not have any intention or ability to open the store in the Doldong because it was planned to use it as a sales operating fee and gambling fund, etc.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim as the opening expenses of the business around June 19, 2014 from the victim, to the agricultural bank account in the name of the Defendant’s mother F.

3. On June 17, 2014, the Defendant is a victim who is an employee under the aforementioned “D”.

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