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(영문) 서울남부지방법원 2018.02.01 2017고단5577
사기
Text

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

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On January 2017, 2017, the Defendant transferred KRW 7 million, which he borrowed from the Defendant, to the Defendant, to the Defendant, the Defendant would return the profits and the principal to the Defendant, upon converting the amount of investment in the said entertainment shop business, to the investment funds of the said entertainment shop business.

The phrase “ makes a false statement.”

However, the defendant did not have any money invested in the amusement shop opening business, and even if he received money from the injured party, he did not have any intention or ability to reduce the profits that the injured party promised to use as his living expenses, etc. and the principal.

Around October 18, 2016 on the same day, the Defendant, by deceiving the victim as such, received a grace period for repayment of KRW 7 million from the victim, and acquired pecuniary benefits equivalent to the same amount.

B. On February 10, 2017, the Defendant made a false statement to the victim, stating, “The Defendant would have borrowed money to be used in the agreement of the assault case at the time of having another person.”

However, even if the defendant received money from the injured party, he did not think that he would use it for his own living expenses, etc., and did not think that he would use it as the agreement of the assault case.

The Defendant, as such, by deceiving the victim, received 7,200,000 won from the national bank account (Account Number: D) in his/her own name on the same day from the victim.

2. On January 6, 2017, the Defendant against the victim E invested KRW 400 million in G located in Yangcheon-gu Seoul Metropolitan Government F to the victim’s “The amount of KRW 400 million was invested in order to open an entertainment store in Bupyeong-si, Seocheon-gu, Seoul, but there is a shortage of expenses such as premium and expenses for employment of employees, etc., and KRW 50 million would have been distributed 20% of monthly profits if the owner invests in the amount of KRW 50 million.

Even if the business is well known, the principal invested shall not be returned again."

(b).

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