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(영문) 서울남부지방법원 2018.10.30 2018고단679
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant will pay 50 million won to the applicant through fraud.

Reasons

Punishment of the crime

The Defendant, at around May 26, 2015, at the office of heading C building D in Yeongdeungpo-gu Seoul Metropolitan Government around May 26, 2015, the Defendant, “E”, “E,” paid in cash, paid in KRW 25 million per month, and paid in KRW 200,000 per cent of the investment ratio of KRW 70,000 per annum.

The victim B, who reported and contacted the article posted, will be paid KRW 200,000 per month for two years after engaging in cargo transport business.

Investment KRW 25 million shall enter KRW 7 million through KRW 8 million on the purchase of cargo trucks, KRW 6 million on the lease of business number plates, KRW 3 million, and the remainder shall be used for the inspection and repair of the truck.

In addition, there was no damage due to the creation of a mortgage on the cargo for one purchase, and there was a false statement that "a refund of 25 million won investment amount shall be made after two years."

However, the Defendant had a debt amounting to KRW 40 million in the name of his wife, and the Defendant agreed to transfer two cargo vehicles from G to pay KRW 600,000 per month to G, but failed to pay it properly. The vehicle transport profit was not sufficient, and even if he received an investment amounting to KRW 25,000,000 per month, there was no intention or ability to refund KRW 25,000,000 per month after two years thereafter.

Nevertheless, on May 26, 2016, the Defendant received KRW 7 million from the injured party to the corporate bank account (I) in the name of H on May 26, 2016, and received KRW 18 million from the same account on May 27, 2016.

On June 1, 2015, the Defendant continued to purchase a cargo truck more than KRW 200,000,000 to the victim in the place described in paragraph 1 of this Article, “if it invests more than KRW 25,00,000,000, the Defendant would pay KRW 2,000 per month.”

In other words, the amount of KRW 4 million per month is paid, and the sum of KRW 50 million is refunded after two years.

On June 4, 2016, the Defendant received KRW 1 million from the damaged person to the above account, and KRW 24 million to the same account on June 5, 2016, and received the total amount of KRW 5.

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