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(영문) 서울동부지방법원 2018.01.19 2017고합118
사기등
Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant of "2017 Senior 118" is the representative of E Co., Ltd. (in-house director).

Defendant around December 15, 2015, at the E office of the Defendant’s operation in Seoul Gangnam-gu Seoul F Building, the victim G was immediately deposited in the sales of the video lecture material and is also subject to financial investment.

In addition, this study made a false statement that "I will pay with principal including 50 million won after using the business fund of KRW 150 million for the second week on the loan of KRW 150 million."

However, in fact, the Defendant did not have an investment experience from a financial institution, and did not have an oral discussion about the “CpP” and the attraction of investment, which is an investment advisory company, but did not have been confirmed to receive an investment. It was not known that the price for the supply of broadcast pictures was not paid even after the end of October 2015, which was agreed to pay the price for the supply of broadcast pictures, and it was not possible to receive any profit at any time. Moreover, on December 2, 2015, the Defendant borrowed the money from the damaged party, there was no asset in the name of the Defendant, and there was a personal obligation worth approximately 50-6 billion won, and there was no intention or ability to pay the money even if it was borrowed from the damaged party.

Nevertheless, the defendant deceivings the victim as above and acquired it by transfer from the victim to the single bank account under the name of the defendant on the same day.

around March 31, 2015, the Defendant entered into an automobile lease agreement with the E office located in Songpa-gu Seoul building A-304 in Songpa-gu, Seoul, and with the victim Hyundai Capital Co., Ltd. to lease the vehicle of 14,550,000, monthly rent of KRW 929,500 on condition that the vehicle of 48,500,000 at the market price owned by the victim is paid for 60 months. On April 2, 2015, the Defendant entered into a car lease agreement with the said vehicle.

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