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(영문) 대구지방법원 2017.11.21 2017고단3996
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 18, 2014, the Defendant, at the “E” coffee shop of the victim D’s “E” operated in Daegu Suwon-gu, Daegu-gu, the Defendant would pay the victim the interest of KRW 1 million per month when he/she invests money in the bond business.

The phrase “ makes a false statement.”

However, in fact, the defendant thought that he will invest in another mobile phone business by receiving money from the injured party, so there was no intention or ability to guarantee the profits and principal to the injured party.

As such, the Defendant, by deceiving the victim, received KRW 45 million from the victim, to the National Bank Account (G) in the name of the Defendant Company F, and acquired KRW 50 million in cash by deceiving the victim.

2. On March 3, 2015, the Defendant tried to newly construct and sell a sublet to the land of the denying F in the mutual infinite-dong, Daegu-gu, Daegu-dong.

If 50 million won is invested in the construction cost of loan, it shall be completed three months after loan, and it shall be sold in lots, and it shall be KRW 100,000 as well as KRW 50,000,000 and KRW 100,000 as loan gift.

The interest rate of KRW 100,000 per month for KRW 2 million will be paid after the completion of each month.

The phrase “ makes a false statement.”

However, the defendant had no intention or ability to sell in lots after newly building the loan, and was thought to use the loan for other personal business with money from the victim.

As such, the Defendant, by deceiving the victim, wired the victim to the above F’s bank account under the F’s name on March 3, 2015, and transferred KRW 6 million on March 4, 2015, and acquired KRW 50 million in total by cash on the same day.

3. On April 24, 2015, the Defendant: (a) at the mutual infinite coffee shop located in Daegu-dong-gu, Daegu-gu; (b) on April 24, 2015, the Defendant took the entire loan loan to the victim as the Defendant did not think of the loyalty business.

(a)in Korea;

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